Madras High Court
C.Paramasivam vs The Managing Director on 19 January, 2021
W.A.(MD)No.159 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.01.2021
CORAM :
The Hon'ble Mr.SANJIB BANERJEE, THE CHIEF JUSTICE
AND
The Hon'ble Mr.JUSTICE M.M.SUNDRESH
W.A.(MD) No.159 of 2019
and
C.M.P(MD).No.1223 of 2019
C.Paramasivam
.. Appellant/Writ Petitioner
Vs
1. The Managing Director,
Tamil Nadu State Transport Corporation (Kumbakonam) Ltd.,
New Railway Feeder Road,
Kumbakonam.
2. The Managing Director,
Tamil Nadu State Transport Corporation (Villupuram) Ltd.,
O/o.Tamil Nadu State Transport Corporation Ltd.,
Villupuram.
3. The Enquiry Officer/Managing Director,
Tamil Nadu State Transport Corporation (Coimbatore) Ltd.,
37, Mettupalayam Road, Coimbatore-641 043.
.. Respondents/Respondents
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W.A.(MD)No.159 of 2019
PRAYER: Appeal under Clause 15 of the Letters Patent, against the order
dated 12.11.2018, passed in W.P.(MD) No.523 of 2015.
For Appellant : Mr.H.Mohammed Imran
For Respondents : Mr.D.Sivaraman,
for R1
JUDGMENT
[Judgment of the Court was delivered by
The Hon'ble Chief Justice]
The appeal is directed against the order dated 12.11.2018, by which,
post-retirement disciplinary proceedings instituted against the writ
petitioner-appellant was confirmed.
2. The respondent has produced the Tamil Nadu State Transport
Corporation Employees' Pension Fund Trust Rules. Rule 19(B) of the said
Rules envisages provisional pension being paid to the employees against
whom departmental action or judicial proceedings are pending at the time of
retirement. Rule 19(c) of the said Rules appears to have been introduced
subsequent to the writ petitioner reaching the age of superannuation. As
such, such rule would not apply to the writ petitioner.
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W.A.(MD)No.159 of 2019
3. In addition, it is submitted on behalf of the respondent that the
general pension rules governing the State employees contemplate
post-retirement disciplinary proceedings being initiated upon prior sanction
of the Government being obtained. It is the admitted position that no such
prior sanction was obtained in the present case.
4. It is elementary that the master-servant relationship between the
employer and the employee is severed upon the employee reaching the age
of superannuation and the limited right of the employee is to receive the
pensionary and other dues, even if there is a scheme for periodical receipt of
such dues post retirement. It is possible for rules to be put in place that
permit post-retirement disciplinary action to be taken and several sets of
rules pertaining to Government employees permit such course of action,
particularly, when an offence of moral turpitude is involved or there is a
serious loss which is perceived to have been occasioned to the Government
employer.
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W.A.(MD)No.159 of 2019
5. As noticed above, Rule 19(B) of the Tamil Nadu State Transport
Corporation Employees' Fund Trust EPFT Rules is not an enabling
provision, but merely consequential upon a disciplinary action remaining
pending at the time of retirement of the concerned employee. Rule 19(c)
which permits disciplinary action to be initiated post-retirement, was not in
place at the time of the petitioner's retirement. The general guidelines in the
pension rules cannot be relied upon, since no prior Government sanction
was obtained to institute disciplinary proceedings against the writ petitioner
subsequent to his retirement.
6. In the light of the above, the order impugned cannot be sustained as
it did not take into account the relevant considerations pertaining to the
initiation of the disciplinary proceedings against the writ petitioner
subsequent to the writ petitioner's retirement.
7. In the light of the aforesaid, the appeal WA(MD).No.159 of 2019,
is allowed. The judgment and order dated 12.11.2018, is set aside. The
disciplinary proceedings initiated against the petitioner upon his retirement
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W.A.(MD)No.159 of 2019
are altogether quashed. The writ petitioner - appellant will be entitled to all
pensionary benefits in accordance with law and if any amount remains
outstanding, the same has to be released within a period of two months from
the date, failing which, the writ petitioner would be entitled to interest at the
rate of 7% per annum on the defaulted amount. CMP(MD).No.1223 of 2019
is closed. There shall be no order as to costs.
(S.B., CJ.) (M.M.S., J.)
19.01.2021
Index : Yes
Internet : Yes/No
sj/pkn
Note : In view of the present lock down
owing to COVID-19 pandemic, a web
copy of the order may be utilized for
official purposes, but, ensuring that
the copy of the order that is presented
is the correct copy, shall be the
responsibility of the advocate/litigant
concerned.
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W.A.(MD)No.159 of 2019
THE HON'BLE CHIEF JUSTICE
and
M.M.SUNDRESH, J.
(sj/pkn)
To
1. The Managing Director,
Tamil Nadu State Transport Corporation (Kumbakonam) Ltd.,
New Railway Feeder Road,
Kumbakonam.
2. The Managing Director,
Tamil Nadu State Transport Corporation (Villupuram) Ltd.,
O/o.Tamil Nadu State Transport Corporation Ltd.,
Villupuram.
3. The Enquiry Officer/Managing Director,
Tamil Nadu State Transport Corporation (Coimbatore) Ltd.,
37, Mettupalayam Road, Coimbatore-641 043.
W.A.(MD) No.159 of 2019
19.01.2021
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