Madras High Court
The Managing Director vs S.Krishnaveni on 8 February, 2021
Review Application Writ (MD) No.10 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 08.02.2021
CORAM
THE HONOURABLE MR. JUSTICE R.SUBRAMANIAN
Review Application Writ (MD)No. 10 of 2020
and
W.M.P(MD)No.2278 of 2020
The Managing Director,
Tamil Nadu State Transport Corporation Ltd.,
Madurai division -1,
Registered Administrative Office,
Bye-Pass Road,
Madurai – 10. ...Petitioner/4th Respondent
Vs.
1.S.Krishnaveni
2.The Government of Tamil Nadu
Rep. By its Special Commissioner
and Secretaryy to Government,
Transport (RW) Department,
Fort St.George,
Chennai – 600 009.
3.The State Government of Tamil Nadu,
Deputy Secretary to Government,
Transport Department,
Fort St.George,
Chennai – 600 009.
4.The Director of Treasuries and Accounts
Panagal Buildings,Jennis Road,
Saidapet,Chennai – 600 015.
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Review Application Writ (MD) No.10 of 2020
5. The Administrator,
Tamil Nadu State Transport Corporation,
Employees Pension Fund Trust,
Pallavan Salai,
Chennai. ...Respondents/Respondents 1 to 5
(RR5 is suo motu impleaded Vide Court order dated 25.02.2020 made in
this review application)
PRAYER:- Review application is filed under Order XL VII Rule 1 and 2
r/w Section 115 of C.P.C against the order in W.P(MD) No.12950 of 2012
dated 20.03.2017.
For Petitioner : Mr.J.Senthil Kumaraiah
For R1 : Mr.V.S.Karthi
For R5 : Mr.J.Senthil Kumaraiah
ORDER
Review is sought for by the fourth respondent in W.P(MD) No.12950
of 2012 on the ground that reliance had been placed under Rule 11(2) of the
Tamil Nadu Pension Rules. The said Rule is applicable only to Government
servants, since the writ petitioner/R1 is an employee of the Transport
Corporation, the Tamil Nadu Pension Rules will not apply.
2. However, it is seen that the direction to grant pension was also
based on the judgment of the Division Bench of this Court in Government
of Tamilnadu Vs. Tamilnadu Government Transport Retirement
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Review Application Writ (MD) No.10 of 2020
Employees Welfare Association, wherein this Court had held that for
determining eligible service the part of the year which is more than 6
months should be taken as 1 year. In the case on hand, the petitioner had
served the Corporation as a permanent employee for a period of 9 years 8
months and 25 days. If the judgment of the Division Bench referred to
above is applied, then the petitioner is deemed to have completed
pensionable service of 10 years. Therefore, I do not see any ground to
review the order on the above premise.
3. However, Mr.J.Senthil Kumaraiah, learned counsel appearing for
the petitioner would submit that the pension disbursing authority namely,
the Administrator of Tamil Nadu State Transport Corporation Employees
Pension Fund Trust has not been impleaded in the writ petition and
therefore, the direction to calculate the pension and pay the same could not
be complied with.
4. Though this ground has not been taken in the original review
petition by the Managing Director, the review petitioner has filed an
additional affidavit raising the said ground.
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Review Application Writ (MD) No.10 of 2020
5. By order dated 25.02.2020, I, suo motu, impleaded the
Administrator of the Tamil Nadu State Transport Employees Pension Fund
Trust to the review petition and issued notice to him.
6. Notices have been served on the newly impleaded respondent.
Mr.J.Senthil Kumaraiah, learned counsel appears for the fifth respondent
also.
7. The only defect pointed out can be cured by directing the
Administrator, Tamil Nadu State Employees Pension Fund Trust is to
calculate the pension of the first respondent and pay the same. Therefore,
the respondents 4 and 5 in the writ petition are directed to calculate the
pension of the first respondent and pay the same within a period of four
weeks from the date of receipt of a copy of this order.
8. In fine, this petition is disposed of. No costs. Consequently,
connected miscellaneous petition is closed.
08.02.2021
Index : Yes/No
Internet: Yes/No
CM
Note: Issue order copy on 15.02.2021
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Review Application Writ (MD) No.10 of 2020
To:
1.The Special Commissioner,
The Government of Tamil Nadu
Secretaryy to Government,Transport (RW) Department,
Fort St.George,Chennai – 600 009.
2.The State Government of Tamil Nadu,
Deputy Secretary to Government,
Transport Department,Fort St.George,
Chennai – 600 009.
3.The Director of Treasuries and Accounts
Panagal Buildings,Jennis Road,
Saidapet,Chennai – 600 015.
4. The Administrator,
Tamil Nadu State Transport Corporation,
Employees Pension Fund Trust,
Pallavan Salai,Chennai.
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Review Application Writ (MD) No.10 of 2020
R.SUBRAMANIAN. J.,
CM
Review Application Writ (MD)No. 10 of 2020
and
W.M.P(MD)No.2278 of 2020
08.02.2021
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