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2026 DAILYLAW 55841 (MAD)

A.SHAFIULLA v. THE SECRETARY TO GOVERNMENT

WP/28340/2026 · 2026-07-22

P T Asha

Transfer Petitionbody2026

Judgment text

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WP No. 28340 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-07-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA WP No. 28340 of 2026 A.Shafiulla ..Petitioner(s) Vs 1. The Secretary To Government School Education Department, Fort St. George, Chennai-600 009 2. The Principal Accountant General (A and E), Tamil Nadu, No.361 Anna Salai, Chennai-600 018 3. The Director of School Education DPI Campus, College Road, Chennai-600006 ..Respondent(s) Prayer: -Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 1st Respondent to pass appropriate orders on the petitioners representation dated 18.05.2026 seeking inclusion under the Tamil Nadu Old Pension Scheme by taking into account petitioner service from 01.06.1994. For petitioner(s): Mr.. Gopalakrishnan T.C For Respondent(s): Mr.L.Gokulraj, GA for R1 to R3. Ms.Arthi Fenandes, Standing Counsel for R2 https://www.mhc.tn.gov.in/judis WP No. 28340 of 2026 __________ Page2 of 5 ORDER This Writ Petition has been filed for the following reliefs:- “directing the 1st Respondent to pass appropriate orders on the petitioners representation dated 18.05.2026 seeking inclusion under the Tamil Nadu Old Pension Scheme by taking into account petitioner service from 01.06.1994.” 2. The petitioner joined service as an Office Assistant in a Government- aided school, Amen High School, Somasipadi, Thiruvannamalai District, on 01.06.1994. During his service as an Office Assistant, he was covered under the Teachers Provident Fund (TPF) Scheme and was allotted TPF Account No.303331. 3. After acquiring the requisite qualifications, the petitioner was appointed as a Drawing Teacher by the proceedings of the Chief Educational Officer, Thiruvannamalai, in Na.Ka.No.8656/A2/2003 dated 10.01.2005, and joined duty on 11.01.2005. Thereafter, he was brought under the General Provident Fund (GPF) Scheme and was allotted GPF Account No.168576/EDN, to which regular deductions were made until his retirement. https://www.mhc.tn.gov.in/judis WP No. 28340 of 2026 __________ Page3 of 5 4. The petitioner retired from service on 31.05.2024. However, even after his retirement, pension and other retirement benefits have not been sanctioned. On enquiry, the second Respondent, by Letter No.PlO/1/11033485/ADK, informed the petitioner that he was not eligible for pension under the Old Pension Scheme, stating that his appointment as a Drawing Teacher was after 01.04.2003 and that there was a break in service between 11.01.2005 and 31.05.2006. The said communication also stated that the Government has the power to grant relaxation in deserving cases. 5. Accordingly, the petitioner submitted a representation dated 18.05.2026 to the first Respondent seeking relaxation and requesting that his service from 01.06.1994 be taken into account for extending the benefit of the Old Pension Scheme. Despite the said representation, no orders have been passed till date. Hence, the present Writ Petition. 6. Heard the learned counsel on either side and perused the records. 7. Considering the limited relief sought by the petitioner and in the absence of any serious objection from the learned counsel appearing for the respondents, this Court, without going into the merits of the case, directs the 1st respondent to consider and pass appropriate orders on the petitioner's representation dated 18.05.2026, on merits and in accordance with law within a https://www.mhc.tn.gov.in/judis WP No. 28340 of 2026 __________ Page4 of 5 period of six weeks from the date of receipt of a copy of this order. 8. Accordingly, the writ petition is disposed of. No costs. 22-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SHR To 1. The Secretary To Government School Education Department, Fort St. George, Chennai-600 009 2. The Principal Accountant General (A and E), Tamil Nadu, No.361 Anna Salai, Chennai-600 018 3. The Director of School Education DPI Campus, College Road, Chennai-600006 https://www.mhc.tn.gov.in/judis WP No. 28340 of 2026 __________ Page5 of 5 P.T.ASHA J. SHR WP No. 28340 of 2026 22-07-2026 https://www.mhc.tn.gov.in/judis