D.Sampath vs Tamilnadu State Transport
2021 Latest Caselaw 1087 Mad

                                                               1

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 19.01.2021

                                                           CORAM

                                   THE HONOURABLE MR.JUSTICE R.MAHADEVAN

                                                   W.P.No.34240 of 2014
                                                   and M.P.No.1 of 2014


                     D.Sampath                                                 ... Petitioner
                                                             Vs

                     1.Tamilnadu State Transport
                      Corporation Employees Pension Trust,
                      rep. By its Administrator
                      Pallavan Salai, Chennai-2.

                     2.The Managing Director
                       Metropolitan Transport
                       Corporation Ltd.,
                       Pallavan Salai, Chennai -2.                       ... Respondents
                               Petition filed under Article 226 of the Constitution of India to issue a
                     Writ of Mandamus, to direct the respondents to pay the petitioner monthly
                     pension every month from 01.10.1999 together with arrears and commuted
                     value of pension, with interest at rate of 12% per annum within a specified
                     time and also to continue to pay the petitioner monthly pension every month
                     hereafter and award costs.


                                     For Petitioner            : Mr.R.Krishnaswamy
                                     For Respondents           : Mr.C.S.K.Sathish


https://www.mhc.tn.gov.in/judis/
                                                               2

                                                           ORDER

The prayer made in this writ petition is to issue a mandamus,

directing the respondents to pay the petitioner monthly pension from

01.10.1999 with arrears and commuted value of pension alongwith interest

at the rate of 12% per annum within a specified time that may be fixed by

this Court.

2.According to the petitioner, he joined the erstwhile Pallavan

Transport Corporation as a Conductor on 22.03.1978 on daily rated

employee. After completion of 240 days of service, he was regularised and

brought into regular time scale of pay. On completion of 20 years of

qualifying service, he opted for voluntary retirement scheme and made

application to go for voluntary retirement, which was accepted and he was

relieved from service with effect from 30.09.1999, by the order of the

second respondent dated 17.09.1999. Thereafter, he was paid gratuity and

provident fund and accumulation of employee contribution, however, he

was not sanctioned pension. On enquiry, he was informed that he has not

completed 50 years of age and hence, he was not entitled for pension.

Stating that similarly placed persons were sanctioned pension, the petitioner

made a representation dated 24.09.2014 to the respondents requesting to

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sanction pension, which was not considered till date. Hence, this writ

petition.

3.The learned counsel for the petitioner submitted that the issue

involved herein has already been decided by a Division Bench of this Court

in W.A.Nos.2210 and 2211 of 2013 on 15.10.2014, wherein, after having

referred to the various decisions of the Supreme Court as well as this Court,

it was observed that an employee who was allowed to voluntarily retire

under the then prevailing scheme on completion of 20 years of service, even

though he had not completed the age of 50 years, was entitled to the

pensionary benefits and other retiral benefits as per the pension scheme.

Stating so, the learned counsel prayed that the respondents may be directed

to consider the representation of the petitioner and pass orders in the light of

the said judgment of the Division Bench.

4.There is no serious objection on the side of the respondents for

granting such relief to the petitioner.

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5.Considering the facts and circumstances of the case and having

regard to the submissions now made by the learned counsel on either side,

this Court directs the respondents to consider the petitioner's representation

dated 24.09.2014 and pass appropriate orders, on merits and in accordance

with law and also in the light of the aforesaid judgment of the Division

Bench dated 15.10.2014 in W.A.Nos.2210 and 2211 of 2013, within a

period of eight weeks from the date of receipt of a copy of this order.

6.Accordingly, the writ petition stands disposed of. No costs.

Consequently, connected Miscellaneous Petition is closed.

19.01.2021

msv Index: Yes/ No

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To

1.The Administrator Tamil Nadu State Transport Corporation Employees Pension Trust, Pallavan Salai, Chennai-2.

2.The Managing Director Metropolitan Transport Corporation Ltd., Pallavan Salai, Chennai -2.

https://www.mhc.tn.gov.in/judis/

R.MAHADEVAN, J.

msv

W.P.No.34240 of 2014 and M.P.No.1 of 2014

19.01.2021

https://www.mhc.tn.gov.in/judis/