Authority: High Court of Judicature at Madras
Order Date: 12 June 2026
Case Overview
- Petitioner: Tamil Nadu Government Nurses Association, represented by Secretary K. Valarmathy, office at Government Raja Mirasudhar Hospital, Thanjavur – 613001.
- Respondents: 1) The Accountant General, Tamil Nadu; 2) The State of Tamil Nadu represented by Secretary, Department of Finance (Pension); 3) The Secretary, Ministry of Health and Family Welfare, Tamil Nadu; 4) The Director, Directorate of Medical Education; 5) The Additional Director, Directorate of Medical Education.
- Writ Petition No.: W.P.No.9568 of 2019, filed under Article 226 seeking a writ of mandamus to place the listed members (annexed to the affidavit) under the Old Pension Scheme, based on their initial appointment date as staff nurses on contract basis.
- Background: Members were appointed in September 2001 on a two‑year contract at Rs.2,500 per month, pursuant to proceedings dated 25‑09‑2001 issued by the Additional Director and Director of Medical and Rural Health Services, Chennai. Their services were regularised by way of absorption on 30‑04‑2004, after the introduction of the National (Contributory) Pension Scheme (GO No.259 dated 06‑08‑2003).
- Petitioner’s Argument: Since the initial appointment was in 2001, the members should be counted as service under the Old Pension Scheme (Tamil Nadu Pension Rules 1978) and receive corresponding pension benefits.
- Respondents’ Argument: The contract period ended after 01‑04‑2003; the members were not appointed against existing vacancies; regularisation occurred in 2004, thus they became members of the Contributory Pension Scheme and are not eligible for the Old Pension Scheme.
- Legal Precedents Cited: Full Bench judgment in Government of Tamil Nadu v. R. Kaliyamoorthy (2019 (6) CTC 705) which held that service rendered prior to regularisation cannot be counted for Old Pension benefits; Division Bench decision in WA.(MD).No.388 of 2022 which set aside a Single Judge’s order granting similar relief.
- Statutory References: GO No.259 dated 06‑08‑2003 establishing the Contributory Pension Scheme; GO No.3 dated 09‑02‑2026 extending 8/12 benefit of Old Pension Scheme to certain contract employees (not applicable here as it pertains to employees initially on daily wages before 1996).
Final Outcome
- The Court held that the members accepted regularisation in 2004, thereby becoming “born into service” after 01‑04‑2003 and are covered only by the Contributory Pension Scheme.
- The contract period cannot be treated as a temporary appointment for Old Pension eligibility.
- The petition is barred by delay and latches and is devoid of merit.
- The writ petition is dismissed with no costs awarded.
Topics: Pension Scheme, Government Employees