2025:MHC:884 WP No. 17929 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03-04-2025 CORAM THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR WP No. 17929 of 2024 1. Justice T Somasundaram Former Judge High Court of Madras S/o. R.Thirumalai, No.1/1686, 15th Street, H Block, Anna Nagar, Chennai-600 040 Petitioner(s) Vs 1. The Officer on Special Duty (Pension ) Central Pension Accounting Office, Ministry of Finance, Dept. of Expenditure Trikoot-II, Bhikaji Cama Place, Rk Puram, New Delhi-110 066 2.Accountant General (A & E) Tamil Nadu, No.361, Annasalai, Chennai-600 018 3.Centralised Pension Processing Centre Indian Bank, 66, Rajaji Salai, Chennai-600 001 https://www.mhc.tn.gov.in/judis WP No. 17929 of 2024 4.Ministry of Law and Justice New Delhi-110 001 5.The Registrar Cum Special Officer (liaisoning) High Court, Chennai-600 104 Respondent(s) PRAYER: Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the respondents 1 to 4 to calculate and release pensionary benefits due to the petitioner with effect from 01.01.2016 under 7 th Pay Commission and any other benefits available to the petitioner and that are due to the petitioner as per the recommendations of the 7 th Pay Commission. For Petitioner(s): Mr.A.Venkaetsh Kumar For Respondent(s): Mr.V.T. Balaji, Senior Panel Counsel For RR1 & 4 Mrs.Rita Chandrasekar, For Mrs.Aiyar and Dolia For R3 Mr.V.Vijaya Shankar For RR2 & 5 ORDER (Order of the Court was made by S. M. Subramaniam J.) The writ petition has been instituted by the retired Judge of the High Court of Madras seeking a mandamus to direct the respondents 1 to 4 to https://www.mhc.tn.gov.in/judis WP No. 17929 of 2024 calculate and release the pensionary benefits due to the petitioner with effect from 01.01.2016 under 7 th Pay Commission and other consequential benefits. 2. With reference to the grievances, this Court directed the respondents to explain the reasons for non-settlement of pension arrears. The respondents No.1 and 2 made a submission that they have already given authorisation to the Indian Bank and the Bank has delayed in payment of arrears of pension to the petitioner. 3. May that as it be, now the second respondent filed a counter and the relevant paragraphs as under: “4.It is submitted that in addition to the pension payable to the petitioner as per the provisions of the High Court Judges (Salaries and Conditions of Services) Act, he is entitled to pension for the services rendered by him in the Tribunal under the provisions of the Railway Claims Tribunal (Salaries and Allowances and Conditions of Services of Chairman, Vice Chairman and Members) Rules, 1989. Both the pensions have undergone revision by virtue of subsequent Notifications/orders. As per the existing provisions, both the pensions together payable in respect of any individual should not exceed Rs.1350000/- per annum. https://www.mhc.tn.gov.in/judis WP No. 17929 of 2024 5.It is submitted that the essential cause for the non- payment of the revised pension to the petitioner has arisen, as a query was raised by the Third Respondent, the Centralised Pension Processing Centre, Indian Bank, as to whether both the pensions have to be aggregated to the maximum or the additional pension has to be paid as per Railway Sanctioning Authority. 6.It is submitted that the matter was referred to the Union Ministry of Law and Justice, the Fourth Respondent herein, by a letter dated 20.02.2018 of the second Respondent, which has been admitted by the petitioner in para 12 of his affidavit. 7.It is submitted that the Fourth Respondent, by a letter dated 01.10.2024, has clarified that as far as the quantum of Pension in respect of the High Court Judges is concerned, it should in no case exceed Rs.1350000/- p.a. (i.e., Rs.112500/-), as per the proviso under Part I and III of the First Schedule of the High Court Judges (Salaries and Conditions of Services) Act, 1954.” 4. In view of the above clarifications issued by the Accountant General of Tamil Nadu, the learned Standing Counsel for Indian Bank/R3 would submit that the arrears of pension/pension benefits as applicable to the pensioner will be settled without causing undue delay. 5. Accordingly, the third respondent is directed to calculate the pensionary benefits applicable to the pensioner and settle the same along with https://www.mhc.tn.gov.in/judis WP No. 17929 of 2024 attendant benefits within a period of two weeks from today. 6. With the above directions, the writ petition stands disposed of. There shall be no order as to costs. (S.M.SUBRAMANIAM J.) (K.RAJASEKAR J.) 03-04-2025 ssi Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No Note: Order copy to be uploaded forthwith. To 1.The Officer on Special Duty (pension ) Central Pension Accounting Office, Ministry of Finance, Dept. of Expenditure Trikoot-II, Bhikaji Cama Place, Rk Puram, New Delhi-110 066 2.Accountant General (A and E) Tamil Nadu, No.361, Annasalai, Chennai-600 018 https://www.mhc.tn.gov.in/judis WP No. 17929 of 2024 3.Centralised Pension Processing Centre Indian Bank, 66, Rajaji Salai, Chennai-600 001. 4.Ministry of Law And Justice, New Delhi-110 001 5.The Registrar Cum Special Officer (liaisoning) High Court, Chennai-600 104 https://www.mhc.tn.gov.in/judis WP No. 17929 of 2024 S.M.SUBRAMANIAM,J. AND K.RAJASEKAR,J. ssi W.P.No.17929 of 2024 03.04.2025 https://www.mhc.tn.gov.in/judis