Madras High Court
The Tamil Nadu State Transport vs R.Mutharasu on 19 September, 2022
W.A.(MD) No.1053 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.09.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
and
THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
W.A.(MD) No.1053 of 2022
and C.M.P(MD) No.8493 of 2022
1.The Tamil Nadu State Transport
Corporation Ltd.,
Rep. by its Managing Director,
Bye Pass Road,
Madurai – 16.
2.The Financial Advisor and Chief Accounts Officer,
Tamil Nadu State Transport Corporation Ltd.,
Madurai Division, Bye Pass Road,
Madurai – 16. ... Appellants
-vs-
1.R.Mutharasu
2.The Administrator,
Tamil Nadu State Transport Corporation Employees
Pension Fund Trust, Thiruvalluvar Illam,
Pallavan Salai,
Chennai – 2. ... Respondents
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W.A.(MD) No.1053 of 2022
Writ Appeal filed under Clause 15 of Letters Patent to set aside the order,
dated 08.01.2019, passed in W.P.(MD) No.407 of 2019 on the file of this Court.
For Appellant : Mr.J.Senthil Kumaraiah
For Respondents : Mr.A.Rahul for R1
JUDGMENT
[Judgment of the Court was made by R.MAHADEVAN, J.]
Challenging the order dated 08.01.2019 passed by the learned Judge
in W.P.(MD) No.407 of 2019, this writ appeal is filed by the Tamil Nadu State
Transport Corporation.
2.The above referred writ petition was filed by the first respondent
herein, seeking a Writ of Mandamus, directing the appellants to revise his pension
benefits with effect from 01.02.2018 and to pay terminal benefits, such as,
difference in gratuity, commutation, leave salary etc., and also pension arrears
with effect from 01.02.2018 together with interest at the rate of 12% per annum
till the date of payment, based on the Resolution bearing No.58/2018-19 passed
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W.A.(MD) No.1053 of 2022
in the 251st Board Meeting held on 28.08.2018, as per G.O.Ms.No.134, Transport
(D) Department, dated 09.04.2018.
3.After hearing both the parties, by order dated 08.01.2019, the said
writ petition was disposed of, by the learned Judge, with the following
observations and directions:
“3.Admittedly, the petitioner retired from service on 31.01.2018.
The Government by G.O.Ms.No.134, Transport (D) Department, dated
09.04.2018, directed that the recommendations of the 7th Pay
Commission would apply to the employees of the Transport Department
also with effect from 01.01.2016.
4.In view of the said Government Order, the petitioner would be
entitled to additional benefits. This Court also in W.P.(MD).No.22337 of
2018, has held that the similarly placed persons would be entitled to the
benefits of the increased pay as per the recommendations of the 7th Pay
Commission.
5.In view of the same, the Writ Petition stands allowed. There
will be a direction to the respondents to revise the petitioner's pay on the
basis of the recommendations of the 7th Pay Commission with effect
from 01.01.2016 and grant him all the monetary benefits. The said
exercise shall be completed within a period of eight weeks from the date
of receipt of a copy of this order. There shall be no order as to costs.”
4.Aggrieved over the aforesaid order of the learned Judge, the
appellants are before this court with the present writ appeal.
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W.A.(MD) No.1053 of 2022
5. Today, when the matter was taken up for hearing, the learned
counsel on either side submitted that the issue involved herein is squarely covered
by the judgment of a co-ordinate bench of this court in W.A.(MD) Nos.1122 to
1127 and 475 of 2019, dated 14.11.2019 in the case of TNSTC and others v.
D.S.Vincent and another, the relevant portion of which is extracted below for
ready reference:
“4. It cannot be necessary for us to adjudicate the correctness of
the orders passed in the writ petitions in the light of the subsequent
development. However, we make it clear that this judgment will not in
any manner impede the rights of the respondents / writ petitioners to
workout their remedies, since the benefit now granted by the
Government in G.O.Ms.No.142, Transport (E) Department, dated
26.08.2019 is not fully in favour of the respondents / writ petitioner as
monitory benefits has been directed to be given prospectively that would
mean that from the date of issuance of the Government Order i.e., from
26.08.2019.
5. Further, the respondents / writ petitioners are also aggrieved by
the directions issued in the Government Order that the dearness
allowance at the present rate shall be computed without any change. It is
submitted by the learned counsel for the writ petitioners that there is a
condition in the Government Order, directing that the persons those who
are retired between 01.09.2016 and 31.12.2017 will be given revision of
pension with notional effect from 01.09.2016 and with monetary benefit
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W.A.(MD) No.1053 of 2022
prospectively. However, their prayer was to grant monetary benefit
retrospectively. Apart from that, they have also claimed that the dearness
allowance cannot be frozen as done in the Government Order.
6. The learned Special Government Pleader appearing for the
appellant Transport Corporation in W.A.(MD)No.475 of 2019 submitted
that the Government Order gives sufficient benefits to the respondents /
writ petitioners and as on date the said Government Order having been
passed, it shall govern the subject matter. For better appreciation, the
Government Order is quoted herein below:-
Abstract
Transport – Implementation of Revision to the retired employees of
State Transport Undertakings – Official Committee recommendations
-Orders – issued.
Transport (E) Department
G.O.Ms.No.142 Dated 26.08.2019
Vikari Aandu
Avani 9,
Thiruvalluvaraandu, 2050
Read:
1.G.O.(Rt)No.32, Transport (E) Department, dated 12.02.2019.
2.G.O.(Rt)No.83, Transport (E) Department, dated 15.04.2019
3.From the Administrator, Tamil Nadu State Transport
Corporation Employees Pension Fund Trust
Lr.No.SPL/COMMITTEE/TNSTC/EPFT/2019-16, dated
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W.A.(MD) No.1053 of 2022
15.04.2019.
4.Govt. Lr.No.16006/E/2017, dated 03.05.2019.
5.From the Administrator, Tamil Nadu State Transport
Corporation Employees Pension Fund Trust Lr.No.
172/P2/Com/TNSTC/EPFT/2019, dated 07.05.2019.
6.G.O.(Ms)No.313, Finance (Pay Cell) Department, dated
25.10.2017.
7.G.O.(Ms)No.333, Finance (BPE) Department, dated
09.11.2017.
ORDER:
In the Government Order first read above orders have been issued
to form an official committee in order to examine the various issues of
the pensioners of State Transport Undertakings with a request to submit
its report to Government.
2. The Administrator, Tamil Nadu State Transport Corporation
Employees Pension Fund Trust in his letter third read above has
forwarded the recommendations of the committee for consideration of
the Government. The Committee has recommended to implement the
13th Wage Settlement in respect of those who have retired from
01.09.2016 to 31.12.2017 and also to implement the 7th Pay
Commission to the Transport employees who have retired during
01.01.2016 to 31.03.2018.
3. After careful examination, the Government have decided to
accept the proposal of the Administrator, Tamil Nadu State Transport
Corporation Employees Pension Fund Trust, based on the
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W.A.(MD) No.1053 of 2022
recommendations of the Official Committee and order as follows:-
(a) Implement the revision of pension to the pensioners who are
covered under 13th Wage Settlement [for those who have retired
between 01.09.2016 and 31.12.2017] with notional effect from
01.09.2016 and with monetary benefit prospectively.
(b) Implement the revision of pension as per 7th Pay Commission
to the Pensioners [for those who have retired between 01.01.2016 and
31.03.2018] with notional effect from 01.01.2016 and with monetary
benefit prospectively.
(c) Dearness Allowance at present rates shall be continued
without any change.
(d) The entire financial commitment likely to arise on such
revision shall incurred by the Tamil Nadu State Transport Corporation
Employees Pension Fund Trust without seeking any financial assistance,
in any form, from the Government.
4. This order issues with the concurrence of Finance (BPE)
Department vide its U.O.No.42865/Fin(BPE)/2019, dated 26.08.2019.
(BY ORDER OF THE GOVERNOR)
DR.J.RADHAKRISHNAN
PRINCIPAL SECRETARY TO GOVERNMENT”
7. It is submitted by the learned counsel for the respondents/ writ
petitioners that the respondent will fall within the category in paragraph
3(b) of the Government Order, whereby the Government has directed
implementation of the revised pension as per the seventh pay
commission to the pensioners, those who have retired between
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W.A.(MD) No.1053 of 2022
01.01.2016 and 31.03.2018 with notional effect from 01.01.2016 and
with monetary benefits prospectively. The dearness allowance has also
been frozen at the present rates.”
8. In our considered view, the reasonable approach for the
respondents / writ petitioners to take is to accept the directions issued in
the Government Order and obtain monetary benefits prospectively with
liberty to question that portion of the Government Order, which is not
beneficiary and prejudicial to the respondents / writ petitioners. There
appears to be no serious objection for such course being adopted by the
respondents / writ petitioners. In the light of the above, these writ
appeals are partly allowed and the directions issued in the writ petitions
are set aside and modified as follows:-
(a) The appellants are directed to give effect to the Government
Order in G.O.Ms.No.142, Transport (E) Department, dated 26.08.2019
and extend the benefits granted by the Government in paragraph 3(b) of
the Government Order, pay monetary benefits prospectively within a
period of twelve weeks from the date of receipt of a copy of this order.
(b) We make it clear that acceptance of the payments by the
respondents / writ petitioners shall be without prejudice to their rights to
question that portion of the Government Order, which according to them
are prejudicial to the interest and such other matter as they deem
appropriate to adjudicate.”
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W.A.(MD) No.1053 of 2022
6. In view of the above, this writ appeal is also disposed of, in the
same line with the above referred judgment dated 14.11.2019 made in
W.A(MD).Nos.1122 to 1127 and 475 of 2019. No costs. Consequently, connected
miscellaneous petition is closed.
[R.M.D., J.] [J.S.N.P., J.]
19.09.2022
Index : Yes / No
Internet : Yes / No
pkn
To
The Administrator,
Tamil Nadu State Transport Corporation Employees
Pension Fund Trust, Thiruvalluvar Illam,
Pallavan Salai, Chennai – 2.
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W.A.(MD) No.1053 of 2022
R.MAHADEVAN, J.
and
J.SATHYA NARAYANA PRASAD, J.
pkn
W.A.(MD) No.1053 of 2022
19.09.2022
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