Madras High Court
A.Chokkalingam vs The Additional Chief Secretary on 23 August, 2023
WP.No.27857/2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 23.08.2023
CORAM
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN
WP.No.27857/2019
A.Chokkalingam ... Petitioner
Versus
1.The Additional Chief Secretary
Transport Department
Fort St George, Chennai 600 009.
2.The Managing Director
Tamil Nadu State Transport Corporation
[Villupuram] Ltd., Vazhdhareddy,
Villupuram. ... Respondents
Prayer : - Writ Petition filed under Article 226 of the Constitution of
India praying for issuance of a writ of mandamus to direct the respondents
1 and 2 to take necessary action to pay the petitioner with the revised rate of
pension taking note of his entire length of service commencing from
14.12.1965 till the date of retirement 20.06.1998 and to apply Rule 11 of
Tamil Nadu Pension Rules, 1978, and also to direct the respondent to pay
the arrears of pension for 01.04.1988 ending upto the date of disbursal of
the amount along with interest computed at the rate of 18% per annum.
1
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WP.No.27857/2019
For Petitioner : Mr.P.Paramasiva Doss
For R1 : Mr.K.Surendharan, AGP
For R2 : Mr.M.Aswin, Standing counsel
ORDER
(1) I am not able to understand the nature of the writ petition filed which
is in the nature of a mandamus seeking a direction to the respondents
to consider the entire length of service of the petitioner from
14.12.1965 till his retirement on 20.06.1998 and apply Rule 11 of the
Tamil Nadu Pension Rules, 1978, and grant revised rate of pension
and also arrears of pension.
(2) In this connection, seeking the above relief, the petitioner had given a
representation on 06.06.2019. Any mandamus issued, would only
result in an order passed by the respondents and if it is adverse to the
petitioner herein, then the petitioner would be forced to file another
writ petition questioning that particular order. It is for that reason in
service matters, a mandamus should not be sought.
(3) The petitioner had joined the service of the Tamil Nadu State
Transport Corporation [Villupuram] Limited on 14.12.1965 as
Conductor on daily wage basis. The services were regularised on
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WP.No.27857/2019
06.01.1967. On the demerger of the Departments and formation of a
new Transport Corporation, the petitioner joined the 2nd respondent
Corporation on 01.04.1975. He attained the age of superannuation on
30.06.1998. The petitioner was not paid any pensionary benefits.
Subsequently, there was a judgment passed by the Hon'ble Supreme
Court reported in 2003 [10] SCC 503 [State of Tamil Nadu and
Others Vs. M.Ananchu Asari], by which, a direction was given for
payment of pension and also consequent to that, G.O.Ms.No.42,
Transport [RW] Department dated 27.05.2005 had been issued by the
respondents.
(4) The petitioner thereafter, was paid the necessary pensionary benefits
in accordance with G.O.Ms.No.42, dated 27.05.2005. The petitioner,
however still not satisfied, sought that the entire period of service
should be taken into consideration. In this connection, the petitioner
had sent a representation on 06.06.2019. Let me not enter into any
further discussion on the merits of the representation given by the
petitioner herein, but rather, direct the 2nd respondent to address the
same.
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WP.No.27857/2019
(5) There is always every possibility of the representation of the
petitioner being lost in the office of the 2nd respondent. Therefore, it
would only be advisable that the petitioner gives a fresh
representation enclosing the earlier representation. This would
indicate that the orders should be passed within a period of twelve
weeks from the date of receipt of the fresh representation from the
petitioner herein. The 2nd respondent may keep into consideration,
the judgment of the Hon'ble Supreme Court, the effect of
G.O.Ms.No.42, Transport [RW] Department, dated 27.05.2005,
mentioned above and balance the same with the request of the
petitioner that service should be counted from the date of his initial
entry into service for the purpose of calculating pension.
(6) The writ petition stands disposed of. No costs.
23.08.2023
AP
Internet : Yes
To
1.The Additional Chief Secretary
https://www.mhc.tn.gov.in/judis
WP.No.27857/2019
Transport Department
Fort St George, Chennai 600 009.
2.The Managing Director
Tamil Nadu State Transport Corporation
[Villupuram] Ltd., Vazhdhareddy,
Villupuram.
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WP.No.27857/2019
C.V.KARTHIKEYAN, J.,
AP
WP.No.27857/2019
23.08.2023
https://www.mhc.tn.gov.in/judis
