THE HIGH COURT OF JUDICATURE AT MADRAS (Special Original Jurisdiction) W.P.No. of 2026 —- R. Renukadevi W/o. S.Ayyathurai, No. 27/9, Ganapathy 1st street, Avval Nagar, Thiruvanmiyur, Chennai- 600 044. ..Petitioner Assured Pension Scheme shall come into force with effect from 01.01.2026 and thereby makes it inapplicable to those who retired from service prior to 01.01.2026 is contrary to law and the facts and circumstances of the case and hence not proper and valid.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Special Original Jurisdiction)
W.P.No. of 2026
—-
R. Renukadevi
W/o. S.Ayyathurai,
No. 27/9, Ganapathy 1st street,
Avval Nagar, Thiruvanmiyur,
Chennai- 600 044. ..Petitioner
-Vs-
1. The Government of TamilNadu,
Rep. by Secretary to Government,
Education (Higher Secondary Schools) Department,
Fort St. George, Chennai- 600 009.
2. The Government of TamilNadu,
Rep. by Secretary to Government,
Finance (pension) Department,
Fort ST. George, Chennai- 600 009.
3. The Commissioner,
Commissioner of Treasuries &
Accounts (CPS Cell) Data Centre,
Kotturpuram, Chennai- 600 025.
4. The Director of School Education,
(Higher Secondary)
D.P.I. Compound, College Road,
Chennai – 600 006. ..Respondents
AFFIDAVIT OF R.RENUKADEVI
I, R.Renukadevi, W/o. S.Ayyathurai, aged about 64 days, residing at No. 27/9, Ganapathy 1st street, Avval Nagar, Chennai – 600 041, do hereby solemnly affirm and sincerely state as follows:-
1. I am the petitioner herein and I am well acquainted with the facts and circumstances of this case.
2. I am filing this writ petition against the G.O.MS.No.7 dated 09.01.2026 in so far as it denies the benefit of Assured monthly pension and gratuity to those who were and are employed on or after 01.04.2003 under the contributory pension scheme but retired from service on or before 31.12.2026 by stating that the Tamil Nadu Assured Pension Scheme shall come into force from 01.01.2026. The facts leading to the filing of the writ petition are as follows:
3. I state that I joined the service of the St. Patrick Anglo Indian Higher Secondary School, Gandhi Nagar, Adyar, Chennai- 600 020, a reputed Higher Secondary School in Chennai South (which is an aided school by the Government of Tamil Nadu) on 06.10.2005 as a Junior Post Graduate Assistant (Tamil) on a consolidated salary of Rs.4,500/- per month. Thereafter I was brought under regular time scale of pay with effect from 01.06.2006. After completion of more than 11 years of continuous service I got retired from service under Voluntary Retirement on 31.01.2017. My Contributory Pension Fund Account number is CPF No. AIS/977112.
4. I further state that after my voluntary retirement from service I was advised by the school management to approach the Inspector of Anglo Indian Schools, D.P.I Compound, Chennai for getting my retirement benefits. When I approached the Inspectorate of Anglo Indian Schools for my retirement benefits including pension, I was told that they had to get orders from the Government. I went twice to the said Inspectorate and both the times I was given the same answer.
5. Thereafter, I came to know that the Inspectorate of Anglo Indian Schools had been abolished and the records of the employees and other records of the Anglo Indian Schools had been transferred to the Directorate of Higher Secondary School Education, the 4th Respondent herein. Therefore, I enquired with the office of the Directorate of Higher Secondary School Education about the payment of my retirement benefits and I was told that orders had not been received from the Commissioner of Treasuries and Accounts and I had to wait and that the Government had not yet taken a decision on payment of pension.
6. Therefore I sent a representation dated 02.07.2020 to the Secretary to Government, Education Department, the 1st Respondent herein and the Commissioner of Treasuries and Accounts, the 3rd Respondent herein. Thereafter, when I enquired in the office of the 3rd Respondent, I was told that they had not received the records relating to my service particulars. When I enquired with the management of the school in which I worked, I was told that they had sent my records to the 4th Respondent long time back.
7. In the above circumstances I consulted my counsel for getting my retirement benefits including pension. My counsel showed me the impugned Government order dated 22.02.2016 and said that I could not get monthly pension and I would get only the accumulation of the amounts of my contribution and the Government contribution along with interest on giving an undertaking that I would not make any further demand for any monetary benefits on the Government and that if I wanted pension then I should challenge the said order dated 22.02.2016.
8. Therefore on advice I filed the Writ petition No. 11852 of 2020 challenging the said order of the Government dated 22.02.2016. I submit that the said Writ Petition was dismissed by the learned single Judge of this Hon’ble Court by his order dated 27.09.2023 holding that it was the policy decision of the government and therefore the court would not interfere with the policy decision of the government. Against the order of the Learned Single Judge I filed the Writ appeal No.369 of 2023 and the same has been in the process of adjudication. 1 submit that the during the pendency of the writ appeal I came across the statement of the Hon’ble Minister for Finance made in the legislative Assembly that rules have not been framed under the contributory pension scheme till now.
9. I understand from my counsel that when it was submitted on my behalf that since rules were not framed under the contributory pension scheme, 1978 pension rules should be followed by the government and monthly pension should be paid and that the government cannot and should not implement the contributory pension scheme by executive orders as held by the Hon’ble Supreme Court in several cases that without framing rules under a scheme the scheme cannot be implemented, the Hon’ble Judges were pleased to observe that then I should challenge the proviso to Sub Rule 2 of Rule 1 of the 1978 Penion Rules. Therefore on advice I filed the writ petition (No. 39434/2024) against the said proviso to Rule 1(2) of the Tamil Nadu Pension Rules, 1978, and the same was admitted and directed to be tagged with my writ appeal no. 3169/2023, and thus both writ appeal and the writ petition have been pending disposal.
10. While so, the government of Tamil Nadu issued the impugned G.O.Ms.No.7, dt 09.01.2026 providing for Assured Monthly Pension Scheme (shortly called APS) to those who joined service on or after 01.04.2003. However, in para 7 of the said G.O. it is stated that the Assured Pension Scheme shall came into force from 01.01.2026, which means that those who retired on or before 31.12.2025 like me would not be eligible for monthly pension and gratuity from the date of retirement. Further clause 5(V) of the impugned G.O. states that those who retired under the Contributory Pension Scheme would be granted compassionate pension.
11. I submit that the impuged G.O. in so far as it denies monthly pension and gratuity assured under the impugned G.O. to those who retired from service on or before 31.12.2025 is liable to be declared by this Hon’ble Court as arbitrary and unfair and unconstitutional for the following among other
GROUNDS
i. I submit that the impugned G.O in so far as it states that the Assured Pension Scheme shall come into force with effect from 01.01.2026 and thereby makes it inapplicable to those who retired from service prior to 01.01.2026 is contrary to law and the facts and circumstances of the case and hence not proper and valid.
ii. I am advised to submit that those who joined service on or after 01.04.2003 under the Contributory Pension Scheme form a class by themselves called Contributory pensioners and they are entitled to pension irrespective of the date of their recruitment and retirement and therefore those contributory pensioners who retired on or before 31.12.2025 cannot be discriminated by the government by arbitrarily introducing the class 7 of the G.O. dt. 09.01.2026 stating that the Assured Pension Scheme shall come into force from 01.01.2026. I further submit that it is rather anomalous and unfortunate that while the non- contributory pensioners get monthly pension, without contributing any money for pension, the contributory pensioners, do not get monthly pension evenafter contributing for pension.
iii. I understand and state that since it is only to reduce the increasing financial burden under the 1978 rules, the Government introduced the Contributory Pension Scheme requiring the employees to contribute to the pension fund, then the government should continue to pay monthly pension to employees irrespective of their date of retiring from service as the financial burden of the government got reduced by the contribution of employees who retired prior to 01.01.2026.
iv. I also understand and state that the financial burden of the government to pay pension started increasing because of the application of pay revision to the retired employees as well. I am advised to submit that since the the Assured Pension Scheme (hereinafter called APS) does not state that pay revision would apply to those who joined service on or after 01.04.2003, the financial burden get further reduced by the reason of not applying pay revision to the retired employees.
v. I submit that as per the statement of Hon’ble Finance Minister about Rs. 73000 crores of Contributory Pension Fund have been lying with the LIC o India. I therefore submit that there cannot be any difficulty for the government to pay monthly pension to those who joined after 01.04.2003 and retired before 31.12.2025.
vi. I further submit that the 1978 pension rules or what is called defined pension scheme provide for payment of gratuity. But with the introduction of the impugned provision to Rule 1(2) of the 1978 pension rules, gratuity has been denied to me and to those who joined service on or after 01.04.2003 and retired. But under the impugned G.O. the government have stated that gratuity would be paid for the service rendered but under the Contributory Pension Scheme there is no provision for payment of gratuity. I am advised to submit that gratuity is paid to those who render unblemished service i.e. rendered service without committing misconduct involving moral turpitude or causing loss to the government. But now gratuity is denied not only to those who commit misconduct but also to those who retired on or before 31.12.2025 without committing any misconduct.
vii. It may be noted here that while the central government extended the benefit of gratuity in 2004 itself to those who joined service on 01.04.2003 the respondents have not chosen to extend the benefit of gratuity to those who joined service on or after 01.04.2003. It may also be noted here that while the respondents were quick enough to introduce the impugned proviso to Rule 1(2) of the Pension Rules 1978 following the central government, have not chosen to follow the central government in extending the benefit of gratuity to those who joined service on after 01.04.2003.
viii. I submit that now the government have granted the benefit of gratuity with effect from 0101.2026. It may be noted here that those who are employed under the government’s industrial/ commercial establishment get gratuity under payment of gratuity Act, the government employees not covered by the said Act are denied gratuity without any justification. I therefore submit that the impugned class 7 of the G.O. dt 09.01.2026 is arbitrary, unfair and unreasonable and discriminatory and violative of Art. 14 and 21 of the constitution.
ix. I am advised to submit that it is highly unjustifiable that the government having received pension fund form me should deny monthly pension merely because I retired from service in 2017 which cannot be justified by any stretch of imagination in terms of logic, reasoning or fairness or reasonableness I therefore submit that the impugned clause 7 of the G.O. dt 09.01.2026 arbitrary, discriminatory and hence violative of Art. 14 and 21 of the constitution.
x. I further submit that it is admitted that no rules have been framed under the Contributory Pension Scheme, and that as held by the Hon’ble Supreme Court, the government cannot regulate service conditions by executive orders in the absence of rules. I therefore submit that since no rules have been framed under the contributory pension scheme, as held by the Supreme Court in the case of K.Kuppusamy & another -Vs- State of Tamil Nadu & others [1998 (8) SCC P. 469] the government should pay pension to me as per the old pension rules, 1978 at the rate of Rs. 8,413/- plus Dearness allowance since I have completed more than 11 years of service and I should also be paid gratuity.
xi. I further submit that the government is estopped from paying monthly pension to me by the application of the principle of promissory estoppel. I am advised to submit that if the government had not used the word “pension” in the Contributory Pension Scheme, then the government might be justified by making lump sum payment. Since the government used the word pension (which means monthly payment of certain amount) the government is bound to pay monthly pension to me, particularly after having received contribution from me to the Pension Fund.
xii. I further submit that the government cannot discriminate between those who joined service after 01.04.2003 but retired on or before 31.12.2025 and those who joined service after 01.04.2003 but retire after 01.01.2026 for paying pension and gratuity since both of them contribute 10% of their basic pay and dearness allowance and for a class called Contributory Pensioners.
12. I submit that the impugned clause 5(V) and 7 of the G.O. dt. 09.01.2026 are illegal and unjust and unconstitutional and that since no rules have been framed under the Contributory Pension scheme, it is fair and just the impugned clauses 5(V) and 7 of the G.O. dt. 09.01.2026 is stayed by this Hon’ble Court.
It is therefore prayed that this Hon’ble Court may be pleased to stay the operation of the clauses 5(V) and 7 of the impugned G.O.Ms.No.7, Finance (PGC) Department dt. 09.01.2026 pending disposal of the writ petition.
13. I submit that the arrears of pension payable to me under the 1978 pension rules come to Rs. 8,413/- plus Dearness allowance and that since I have been paid the accumulated amount of pension with accrued interest as per the order of this Hon’ble Court dated 10.09.2024 in W.A.No.3169/2023 which I accepted without prejudice to my contentions in the writ appeal due to my compelling health condition, the respondents may be directed to adjust the amount paid to me against the arrears of pension payable to me and pay the balance amount of arrears of pension.
It is therefore prayed that this Hon’ble Court may be pleased to issue an order of interim direction, directing the respondents to pay me monthly pension of Rs.8430/- plus dearness allowance per month as per the Rules of the Tamil Nadu Pension Rules 1978 pending disposal of the writ petition.
14. I submit that I could not get the original of the impugned G.O.Ms.No. 7 dated 09.01.2026. I could get only the downloaded copy of the said impugned G.O. and I am filing the same and I will file the original of the impugned G.O. when I get it.
It is therefore prayed that this Hon’ble Court may be pleased to dispense with the production of the impugned G.O.Ms.No.7 Finance (PGC) Department dated 09.01.2026 and render justice.
15. I state that I have no other efficacious alternative remedy except to approach this Hon’ble Court under Art 226 of the constitution.
In the above circumstances it is therefore prayed that this Hon’ble Court may be pleased to issue writ or directions or orders in the nature of writs as this Hon’ble Court may deem fit in the facts and circumstances of the case and in particular issue a Writ of Declaration declaring the clauses 5(V) and 7 of the G.O.Ms.No.7 Finance (PGC) Department dated 09.01.2026 introducing the Tamil Nadu Assured Pension Rules Scheme, 2026 as unreasonable, unfair and arbitrary and discriminatory and violative of Art. 14, 21 and 300A of the constitution and hence unconstitutional and consequently direct the respondents to pay the petitioner monthly pension proportionate to the years of service rendered by her and the arrears of pension with effect from 01.02.2017 and thus render justice.
Solemnly affirmed at Chennai on this Before me,
The day of February 2026 and
Signed her name in my presence.
ADVOCATE: CHENNAI
MEMORANDUM OF WRIT PETITION
(Under Article 226 of the Constitution of India)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Special Original Jurisdiction)
W.P.No. of 2026
—-
R. Renukadevi
W/o. S.Ayyathurai,
No. 27/9, Ganapathy 1st street,
Avval Nagar, Thiruvanmiyur,
Chennai- 600 044. ..Petitioner
-Vs-
1. The Government of TamilNadu,
Rep. by Secretary to Government,
Education (Higher Secondary Schools) Department,
Fort St. George, Chennai- 600 009.
2. The Government of TamilNadu,
Rep. by Secretary to Government,
Finance (pension) Department,
Fort ST. George, Chennai- 600 009.
3. The Commissioner,
Commissioner of Treasuries &
Accounts (CPS Cell) Data Centre,
Kotturpuram, Chennai- 600 025.
4. The Director of School Education,
(Higher Secondary)
D.P.I. Compound, College Road,
Chennai – 600 006. ..Respondents
WRIT PETITION
The address of the petitioner for issuance of process and notice is that of his counsel M/s. M.Elumalai, P. Saravanan and G.Kannagi having office at Old No.151, New No.313, Thambu Chetty Street, Chennai – 600 001.
The address of the respondents for issuance of process and notice is that of the same as set out in the cause title above.
For the reasons stated in the accompanying affidavit, it is prayed by the petitioner that this Honourable Court may be pleased to issue writ or directions or orders in the nature of writs as this Hon’ble Court may deem fit in the facts and circumstances of the case and in particular issue a Writ of Declaration declaring the clauses 5(V) and 7 of the G.O.Ms.No.7 Finance (PGC) Department dated 09.01.2026 introducing the Tamil Nadu Assured Pension Rules Scheme, 2026 as unreasonable, unfair and arbitrary and discriminatory and violative of Art. 14, 21 and 300A of the constitution and hence unconstitutional and consequently direct the respondents to pay the petitioner monthly pension proportionate to the years of service rendered by her and the arrears of pension with effect from 01.02.2017 and thus render justice.
Dated at Chennai on this the day of February 2026.
Counsel for Petitioner
MEMORANDUM OF WRIT MISCELLANEOUS PETITION
(Under Article 226 of the Constitution of India)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Special Original Jurisdiction)
W.M.P.No. of 2026
in
W.P.No. of 2026
—-
R. Renukadevi
W/o. S.Ayyathurai,
No. 27/9, Ganapathy 1st street,
Avval Nagar, Thiruvanmiyur,
Chennai- 600 044. ..Petitioner/ Petitioner
-Vs-
1. The Government of TamilNadu,
Rep. by Secretary to Government,
Education (Higher Secondary Schools) Department,
Fort St. George, Chennai- 600 009.
2. The Government of TamilNadu,
Rep. by Secretary to Government,
Finance (pension) Department,
Fort ST. George, Chennai- 600 009.
3. The Commissioner,
Commissioner of Treasuries &
Accounts (CPS Cell) Data Centre,
Kotturpuram, Chennai- 600 025.
4. The Director of School Education,
(Higher Secondary)
D.P.I. Compound, College Road,
Chennai – 600 006. ..Respondents/ Respondents
DISPENSE WITH PETITION
For the reasons stated in the accompanying affidavit, it is therefore humbly prayed that this Hon’ble Court may be pleased to dispense with the production of the impugned G.O.Ms.No.7 Finance (PGC) Department dated 09.01.2026 and render justice.
Dated at Chennai on this the day of February 2026.
Counsel for Petitioner/Petitioner
MEMORANDUM OF WRIT MISCELLANEOUS PETITION
(Under Article 226 of the Constitution of India)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Special Original Jurisdiction)
W.M.P.No. of 2026
in
W.P.No. of 2026
—-
R. Renukadevi
W/o. S.Ayyathurai,
No. 27/9, Ganapathy 1st street,
Avval Nagar, Thiruvanmiyur,
Chennai- 600 044. ..Petitioner/ Petitioner
-Vs-
1. The Government of TamilNadu,
Rep. by Secretary to Government,
Education (Higher Secondary Schools) Department,
Fort St. George, Chennai- 600 009.
2. The Government of TamilNadu,
Rep. by Secretary to Government,
Finance (pension) Department,
Fort ST. George, Chennai- 600 009.
3. The Commissioner,
Commissioner of Treasuries &
Accounts (CPS Cell) Data Centre,
Kotturpuram, Chennai- 600 025.
4. The Director of School Education,
(Higher Secondary)
D.P.I. Compound, College Road,
Chennai – 600 006. ..Respondents/ Respondents
INTERIM DIRECTION PETITION
For the reasons stated in the accompanying affidavit, it is therefore humbly prayed that this Hon’ble Court may be pleased to issue an order of interim direction, directing the respondents to pay the petitioner monthly pension of Rs.8430/- plus dearness allowance per month as per the Rules of the Tamil Nadu Pension Rules 1978 pending disposal of the writ petition.
Dated at Chennai on this the day of February 2026.
Counsel for Petitioner/Petitioner
MEMORANDUM OF WRIT MISCELLANEOUS PETITION
(Under Article 226 of the Constitution of India)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Special Original Jurisdiction)
W.M.P.No. of 2026
in
W.P.No. of 2026
—-
R. Renukadevi
W/o. S.Ayyathurai,
No. 27/9, Ganapathy 1st street,
Avval Nagar, Thiruvanmiyur,
Chennai- 600 044. ..Petitioner/ Petitioner
-Vs-
1. The Government of TamilNadu,
Rep. by Secretary to Government,
Education (Higher Secondary Schools) Department,
Fort St. George, Chennai- 600 009.
2. The Government of TamilNadu,
Rep. by Secretary to Government,
Finance (pension) Department,
Fort ST. George, Chennai- 600 009.
3. The Commissioner,
Commissioner of Treasuries &
Accounts (CPS Cell) Data Centre,
Kotturpuram, Chennai- 600 025.
4. The Director of School Education,
(Higher Secondary)
D.P.I. Compound, College Road,
Chennai – 600 006. ..Respondents/ Respondents
INTERIM STAY PETITION
For the reasons stated in the accompanying affidavit, it is therefore prayed that this Hon’ble Court may be pleased to stay the operation of the clauses 5(V) and 7 of the impugned G.O.Ms.No.7, Finance (PGC) Department dt. 09.01.2026 pending disposal of the writ petition.
Dated at Chennai on this the day of February 2026.
Counsel for Petitioner/Petitioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Special Original Jurisdiction)
W.P.No. of 2026
—-
R. Renukadevi
W/o. S.Ayyathurai,
No. 27/9, Ganapathy 1st street,
Avval Nagar, Thiruvanmiyur,
Chennai- 600 044. ..Petitioner
-Vs-
1. The Government of TamilNadu,
Rep. by Secretary to Government,
Education (Higher Secondary Schools) Department,
Fort St. George, Chennai- 600 009.& 3 others ..Respondents
LISTS OF DATES AND EVENTS
S.No. Dates Events
1. 06.10.2005 The petitioner joined the service of the St. Patrick Anglo Indian Higher Secondary School, Gandhi Nagar, Adyar, Chennai, a reputed Higher Secondary School in Chennai South (which is an aided school by the Government of Tamil Nadu) on 06.10.2005.
2. 01.06.2006 Thereafter the petitioner was brought under regular time scale of pay with effect from 01.06.2006.
3. 31.01.2017 After completion of more than 11 years of continuous service the petitioner got retired from service under Voluntary Retirement on 31.01.2017.
4. After the petitioner’s voluntary retirement from service she was advised by the school management to approach the Inspector of Anglo Indian Schools, D.P.I compound, Chennai for getting petitioner’s retirement benefits. Thereafter, she came to know that the Inspectorate of Anglo Indian Schools had been abolished and the records of the employees and other records of the Anglo Indian Schools had been transferred to the Directorate of Higher Secondary School Education. Thereafter, she enquired with the office of the Directorate of Higher Secondary School Education about the payment of petitioner’s retirement benefits and she was told that orders had not been received from the commissioner of Treasuries and Accounts.
5. 02.07.2020 Thereafter, the petitioner sent a representation dated 02.07.2020 to the 1st and 3rd respondent herein. Thereafter, when she enquired in the office of the 3rd respondent, she was told that they had not received the records relating to her service particulars.
6. 22.02.2016 After that the petitioner came to know about the impugned Government order dated 22.02.2016 and told that she could not get monthly pension and would get only the accumulation of the amounts of her contribution and government contribution along with interest on giving an undertaking that she would not make any further demand for any monetary benefits on the government and that if she wanted pension then she should challenge the said order.
7. 27.09.2023
Thereafter, the petitioner filed the W.P.No. 11852 of 2020 challenging the said order of the Government dated 22.02.2016. The said Writ petition was dismissed by the learned single Judge of this Hon’ble Court by his order dated 27.09.2023 holding that it was the policy decision of the government and therefore the court would not interfere with the policy decision of the government.
7. Against the order of the Writ petition, the petitioner filed the W.A.No. 3169 of 2023 and the same has been in the process of adjudication.
8. 09.01.2026 The government of Tamil nadu issued the impugned G.OMs.No. 7 dt. 09.01.2026 providing for Assured Monthly Pension Scheme to those who joined service on or after 01.04.2003 and in so far as it denies monthly pension and gratuity assured under the impugned G.O. to those retired from service on or after 31.12.2025, hence it is liable to be declared as arbitrary, unfair and unconstitutional.
Dated at Chennai on this day of February 2026.
Counsel for Petitioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Special Original Jurisdiction)
W.P.No. of 2026
—-
R. Renukadevi
W/o. S.Ayyathurai,
No. 27/9, Ganapathy 1st street,
Avval Nagar, Thiruvanmiyur,
Chennai- 600 044. ..Petitioner
-Vs-
1. The Government of TamilNadu,
Rep. by Secretary to Government,
Education (Higher Secondary Schools) Department,
Fort St. George, Chennai- 600 009.& 3 others ..Respondents
SYNOPSIS
1. The petitioner joined the service of the St. Patrick Anglo Indian Higher Secondary School, Gandhi Nagar, Adyar, Chennai, a reputed Higher Secondary School in Chennai South (which is an aided school by the Government of Tamil Nadu) on 06.10.2005.
2. Thereafter the petitioner was brought under regular time scale of pay with effect from 01.06.2006. After completion of more than 11 years of continuous service the petitioner got retired from service under Voluntary Retirement on 31.01.2017.
3. After the petitioner’s voluntary retirement from service she was advised by the school management to approach the Inspector of Anglo Indian Schools, D.P.I compound, Chennai for getting petitioner’s retirement benefits. Thereafter, she came to know that the Inspectorate of Anglo Indian Schools had been abolished and the records of the employees and other records of the Anglo Indian Schools had been transferred to the Directorate of Higher Secondary School Education. Thereafter, she enquired with the office of the Directorate of Higher Secondary School Education about the payment of petitioner’s retirement benefits and she was told that orders had not been received from the commissioner of Treasuries and Accounts.
4. Thereafter, the petitioner sent a representation dated 02.07.2020 to the 1st and 3rd respondent herein. Thereafter, when she enquired in the office of the 3rd respondent, she was told that they had not received the records relating to her service particulars. Thereafter, the petitioner filed the W.P.No. 11852 of 2020 challenging the said order of the Government dated 22.02.2016. The said Writ petition was dismissed by the learned single Judge of this Hon’ble Court by his order dated 27.09.2023 holding that it was the policy decision of the government and therefore the court would not interfere with the policy decision of the government.
5. Against the order of the Writ petition, the petitioner filed the W.A.No. 3169 of 2023 and the same has been in the process of adjudication. The government of Tamil nadu issued the impugned G.O.Ms.No. 7 dt. 09.01.2026 providing for Assured Monthly Pension Scheme to those who joined service on or after 01.04.2003 and in so far as it denies monthly pension and gratuity assured under the impugned G.O. to those retired from service on or after 31.12.2025, hence it is liable to be declared as arbitrary, unfair and unconstitutional. Hence this writ petition.
Dated at Chennai on this the 19th day of February 2026.
Counsel for Petitioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Special Original Jurisdiction)
W.P.No. of 2026
—-
R. Renukadevi
W/o. S.Ayyathurai,
No. 27/9, Ganapathy 1st street,
Avval Nagar, Thiruvanmiyur,
Chennai- 600 044. ..Petitioner
-Vs-
1. The Government of TamilNadu,
Rep. by Secretary to Government,
Education (Higher Secondary Schools) Department,
Fort St. George, Chennai- 600 009.& 3 others ..Respondents
INDEX TO TYPED SET OF PAPERS
S.no. Date Description Pg.No.
1. 19.02.2026 Synopsis
2. 19.02.2026 Dates and events
3. 19.02.2026 Coding sheet
4. 19.02.2026 Court fee
5. 19.02.2026 Writ petition
6. 19.02.2026 Stay petition
7. 19.02.2026 Interim direction petition
8. 19.02.2026 Dispense with petition
9. 19.02.2026 Affidavit
10. 09.01.2026 Impugned G.O.Ms.No. 7
Typed set of papers
11. 1871 The Pension Act, 1871
12. 1983 Judgment of D.S.Nakara-Vs- Union of Inida 1983 (1) SCC P.305
13. 1998 Judgment of K.Kuppusamy & another-Vs – State of Tamil Nadu 1998 (8) SCC P. 469
14. Copy of the Impugned provio to Rule 1(2) of the Tamil Nadu Pension Rules, 1978
15. 06.08.2003 Copy of the G.O.Ms.No. 259 issue by the Finance (Pension) Department containing the impugned proviso
16. 06.08.2004 Copy of the G.O.Ms. No. 430 issued by the Finance (Pension) Department
17. 22.02.2016 Copy of the G.O.Ms.No. 59 issued by the Finance (Pension) Department
18. 26.08.2016 Notification issued by the Central Government regarding Gratuity
19. 2024- 2025 Statement of Government on pension
20. 19.02.2026 Vakalat
21. 19.02.2026 Batta
Dated at Chennai on this 19th day of February 2026.
Counsel for Petitioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Special Original Jurisdiction)
W.P.No. of 2026
—-
R. Renukadevi
W/o. S.Ayyathurai,
No. 27/9, Ganapathy 1st street,
Avval Nagar, Thiruvanmiyur,
Chennai- 600 044. ..Petitioner
-Vs-
1. The Government of TamilNadu,
Rep. by Secretary to Government,
Education (Higher Secondary Schools) Department,
Fort St. George, Chennai- 600 009.& 3 others ..Respondents
BATTA PAID- Rs. 120/-
ADDRESS OF THE RESPONDENTS:-
1. The Government of TamilNadu,
Rep. by Secretary to Government,
Education (Higher Secondary Schools) Department,
Fort St. George, Chennai- 600 009.
2. The Government of TamilNadu,
Rep. by Secretary to Government,
Finance (pension) Department,
Fort ST. George, Chennai- 600 009.
3. The Commissioner,
Commissioner of Treasuries &
Accounts (CPS Cell) Data Centre,
Kotturpuram, Chennai- 600 025.
4. The Director of School Education,
(Higher Secondary)
D.P.I. Compound, College Road,
Chennai – 600 006.
Dated at Chennai on this 19th day of February 2026.
