Madras High Court
N.Ragunathan vs The Secretary on 4 September, 2024
Author: R.Subramanian
Bench: R.Subramanian
W.A.(MD).No.1516 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
and
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.A.(MD).No.1516 of 2024
N.Ragunathan ... Appellant
-vs-
1.The Secretary,
The Government of Tamil Nadu,
Finance (Pension) Department,
Fort St. George,
Chennai – 600 009.
2.The School Educational Secretary,
Education Department,
Fort St. George,
Chennai – 600 009.
3.The Account General (Tamil Nadu),
Office of the Accounts General,
(Accounts & Entitlement, Tamil Nadu),
No.361, Anna Salai,
Chennai – 600 018.
4.The Head Mistress,
Government Higher Secondary School,
Palani, Dindigul District. ... Respondents
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act, against
the order passed by this Court in W.P.(MD)No.2315 of 2024, dated
03.06.2024.
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Page 1 of 4
W.A.(MD).No.1516 of 2024
For Appellants : Mr.N.Mohan
For Respondents 1, 2 & 4 : Mr.S.P.Maharajan
Special Government Pleader
For 3rd Respondent : Mr.P.Gunasekaran
JUDGMENT
[Judgment of the Court was made by R.SUBRAMANIAN, J.]
Mr.S.P.Maharajan, learned Special Government Pleader takes notice
for the respondents 1, 2 and 4. Mr.P.Gunasekaran, learned counsel takes
notice for the 3rd respondent.
2.Aggrieved by the rejection of his claim for being placed under the
Old Pension Scheme, the appellant is on appeal.
3.As per G.O.Ms.No.259, dated 06.08.2023, New Pension Scheme
was implemented from 31.03.2003, that is, to say cut off date for
applicability of Old Pension Scheme was 31.03.2003. The petitioner was
selected pursuant to a Notification published on 13.09.2003 and was
appointed on 25.06.2004 on a consolidated pay. His services were
regularized with effect from 28.08.2006. The New Pension Scheme came
into force from 01.04.2003. The petitioner having being appointed after
01.04.2003, cannot seek application of Old Pension Scheme.
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4.Hence, we do not find any merit in the Writ Appeal. The Writ
Appeal is therefore, fails and it is accordingly, dismissed. The fact that the
Social Welfare Department invited willingness from the petitioner will not
be a ground for placing him under the Old Pension Scheme, since the Old
Pension Scheme was abolished with effect from 01.04.2003. No Costs.
[R.S.M., J.] [L.V.G., J.]
04.09.2024
NCC :Yes/No
Index :Yes/No
Internet: Yes
Mrn
To
1.The Secretary,
The Government of Tamil Nadu,
Finance (Pension) Department,
Fort St. George,
Chennai – 600 009.
2.The School Educational Secretary,
Education Department,
Fort St. George,
Chennai – 600 009.
3.The Account General (Tamil Nadu),
Office of the Accounts General,
(Accounts & Entitlement, Tamil Nadu),
No.361, Anna Salai,
Chennai – 600 018.
4.The Head Mistress,
Government Higher Secondary School,
Palani, Dindigul District.
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https://www.mhc.tn.gov.in/judis
R.SUBRAMANIAN, J.
and
L.VICTORIA GOWRI, J.
Mrn
04.09.2024
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https://www.mhc.tn.gov.in/judis
