W.P.No.22873 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 25.06.2025 CORAM THE HONOURABLE MR. JUSTICE C.KUMARAPPAN W.P.No.22873 of 2025 S.Rajarajan ... Petitioner Vs. 1. The Chairman cum Managing Director, VI Floor, TANTRANSCO Building, 144, Anna salai, Tamil Nadu Generation and Distribution Corporation Ltd., Chennai - 600 002. 2. The Secretary, IX Floor, N.P.K.R.R.Maaligai, 144, Anna Salai, Tamil Nadu Generation and Distribution Corporation Ltd., Chennai - 600 002. ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, seeking for an issuance of writ of Mandamus, to direct the respondents to consider the petitioner's representation dated 18.09.2024, seeking to bring back to the General Provident Fund Scheme/old Pension Scheme by taking the petitioner's previous service register as per G.O.No.288 dated 10.11.2016 Finance (PGC) Department within a stipulated time fixed by this Court. Page 1 of 5 https://www.mhc.tn.gov.in/judis W.P.No.22873 of 2025 For Petitioner : Mr.J.Rajmohan For Respondents : Mr.K.Rajkumar Standing Counsel for R1 & R2 ORDER The instant writ petition is filed for a mandamus to direct the respondents to consider the petitioner's representation dated 18.09.2024. 2. The case of the petitioner is that, he has given representation to the respondents dated 18.09.2024, to bring back the General Provident Scheme / old pension scheme by taking into consideration of G.O.No.288 dated 10.11.2016 and the same is yet to be considered. 3. At this juncture, learned Standing Counsel for the respondents would submit that the petitioner has given similar representation during 2007 and the same was rejected, whereas, the petitioner without challenging the said order, filed the instant writ petition, which is not maintainable. His further submission is that though G.O.No.288, dated 10.11.2016 stipulates that whenever a Government employee in pensionable Government service is appointed to another pensionable Government service is entitled to be considered for old pension scheme, provided there should not be any break https://www.mhc.tn.gov.in/judis W.P.No.22873 of 2025 between the two services. 4. However, in the case of the petitioner, though he was initially served in the pensionary service, after resigning, he joined as fresh entrant in the respondent Corporation during the year 2006. Therefore, G.O.No.288, dated 10.11.2016, is not applicable to the petitioner as there was break-in- service. 5. Heard the learned Counsel on either side and perused the materials available on record. 6. While looking at the factual position, the petitioner had given similar representation during 2007, which was rejected by the respondent on 28.02.2008 and such order has not been challenged for all these years. His only grievance is that by invoking G.O.No.288 dated 10.11.2016, his representation should be considered. As rightly contended by the learned Standing Counsel for the respondents, in order to bring an employee within G.O.No.288 dated 10.11.2016, there should not have been any break in service, whereas admittedly, the petitioner initially joined in the Judicial https://www.mhc.tn.gov.in/judis W.P.No.22873 of 2025 Department during 2002 and consequently, after resigning the same, he joined in revenue department and even in the revenue department, after resigning from the said job, he joined in the respondent Corporation. In such view of the matter, it is obvious that there is break in service. Therefore, G.O.No.288 dated 10.11.2016 is not applicable to the petitioner. Hence, this Court do not find any merits in the instant writ petition and stands dismissed. No costs. 25.06.2025 veda Index:Yes/No Speaking order/Non-speaking order Neutral Citation:Yes/No To 1. The Chairman cum Managing Director, VI Floor, TANTRANSCO Building, 144, Anna salai, Tamil Nadu Generation and Distribution Corporation Ltd., Chennai - 600 002. 2. The Secretary, IX Floor, N.P.K.R.R.Maaligai, 144, Anna Salai, Tamil Nadu Generation and Distribution Corporation Ltd., Chennai - 600 002. Page 4 of 5 https://www.mhc.tn.gov.in/judis W.P.No.22873 of 2025 C.KUMARAPPAN, J. veda W.P.No.22873 of 2025 25.06.2025 https://www.mhc.tn.gov.in/judis