P. Sivakumar v. The State of Tamil Nadu

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23-02-2026 CORAM THE HON'BLE MR JUSTICE M.DHANDAPANI WP Nos. 7255, 7260, 7257 & 7262 of 2026 P. Sivakumar P.Murugan R.Gandhimathi K.Kalaiselvam ..Petitioner(s) (In W.P.No.7255 of2026) ..Petitioner(s) (In W.P.No.7260 of 2026) ..Petitioner(s) (In W.P.No.7257 of 2026) ..Petitioner(s) (In W.P.No.7262 of 2026) Vs

¶1The State of Tamil Nadu Rep. by its Secretary Department of School Education Fort St. George, Chennai-600 009.

¶2The Chairman Teachers Recruitment Board College Road, Chennai 600006.

¶3The Director Of School Education College Road, Chennai 600006.

¶4The Joint Director Of School Education College Road, Chennai 600006. ..Respondent(s) (In both Petitions) Page2 of 6 Common Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondents to treat the petitioner as an employee covered under the Tamil Nadu Pension Rules 1978 prior to its amendment dated 01.04.2003 with all other attendant and consequential benefits. In all Petitions For Petitioner(s): Ms. Abisha Issac for M/s.Isaac Chambers For Respondent(s): Ms.Mythreye Chandru, Special Government Pleader for RR-1, 3 & 4 Mr.C.Kathiravan for R-2 COMMON ORDER These Writ Petitions have been filed seeking a direction to the respondents to treat the petitioners as the employees covered under the Tamil Nadu Pension Rules 1978 prior to its amendment dated 01.04.2003 with all other attendant and consequential benefits.

¶2Ms.Mythreye Chandru, learned Special Government Pleader takes notice on behalf of respondents 1, 3 & 4. Mr.C.Kathiravan, learned counsel takes notice on behalf of the 2nd respondent. Page3 of 6

¶3The petitioners were initially appointed as Block Resource Teachers on

02.12.2003 pursuant to the recruitment notification issued by the 2nd respondent inviting applications for the post of Block Resource Teachers. Subsequently, the Government introduced the Contributory Pension Scheme through G.O.

(Ms).No.259, Finance (Pension) Department, dated 06.08.2003 thereby cancelling the Old Pension Scheme. Since, the petitioners were appointed after the issuance of the said G.O, they were not brought under the Old Pension Scheme, they were instead placed under Contributory Pension Scheme. It is the grievance of the petitioners that, had they been appointed prior to the G.O, they would have been covered under the Old Pension Scheme. Aggrieved by which, the petitioners submitted a representation dated 18.02.2024, 11.09.2024 &

15.10.2024 respectively to the respondents seeking to consider them under old pension scheme. However, the said representations did not evoke any response from the respondents and therefore, in order to espouse the said cause, the present Writ Petitions have been filed.

¶4Learned counsel appearing for the petitioners submitted that this Court may issue a direction to the respondents to consider the petitioners' representation on respective dates, within the time that may be stipulated by this Court. Page4 of 6

¶5On the above contention, this Court, heard the learned counsel appearing for the respondents.

¶6In view of the limited relief sought for in these Writ Petitions, this Court without expressing any opinion on the merits of the case directs the respondents to consider the petitioners' representation dated 18.02.2024,

11.09.2024 & 15.10.2024 and pass appropriate orders on the same on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

¶7The Writ Petitions are disposed of with the aforesaid direction. There shall be no order as to costs. 23-02-2026 Index: Yes/No Speaking/Non-speaking order NHS Page5 of 6 To

¶1The Secretary, The State of Tamil Nadu Department of School Education Fort St. George, Chennai-600 009.

¶2The Chairman Teachers Recruitment Board College Road, Chennai 600006.

¶3The Director Of School Education College Road, Chennai 600006.

¶4The Joint Director Of School Education College Road, Chennai 600006. Page6 of 6

M.DHANDAPANI, J. NHS WP Nos. 7255, 7260, 7257 & 7262 of 2026 23-02-2026