Madras High Court
The Management Of vs Chinnappa on 17 July, 2023
W.A.(MD)No.57 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 17.07.2023
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
AND
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.A.(MD)No.57 of 2015
and
M.P.(MD)No.1 of 2015
The Management of
Tamil Nadu State Transport Corporation
(Kumbakonam) Limited
Represented by its Managing Director
Trichy ...Appellant
/Vs./
1.Chinnappa
2.The Administrator
Tamil Nadu State Transport Corporation
Pension Fund Trust
Thiruvalluvar House
Chennai 600 002 ...Respondents
PRAYER:- Writ Appeal - filed under Clause 15 of Letters Patent Act, to
set aside the order passed in W.P(MD).No.11796 of 2011 dated
26.02.2014 and dismiss the above writ petition.
1/5
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W.A.(MD)No.57 of 2015
For Appellant : Mr.D.Sivaraman
For R1 : Mr.V.R.Arunkumar
For Mr.S.Arunachalam
For R2 : No appearance
JUDGMENT
(Judgment of the Court was made by DR.ANITA SUMANTH , J.)
The writ petitioner/ respondent 1 in this appeal was successful
before the learned Single Judge and secured order dated 26.02.2014
whereunder a writ of mandamus has been issued directing the
respondents to treat the entirety of his services from 02.12.1999 to
31.08.2009 as pensionable service and to pay him pension under Tamil
Nadu Transport Corporation Employees' Pension Fund Rules (TNTCEPF
Rules) with arrears and applicable interest.
2.The issues that arise for determination in this writ appeal are
two fold. The first relates to the manner by which the pensionable
service is to be reckoned, that is whether the date of commencement of
service would be the date of membership of the employee or the date of
his regularization. In the present case, the relevant dates are 24.08.2000,
being the date of regularization of the first respondent as against
02.12.1999 being the date of membership. By a series of decisions
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W.A.(MD)No.57 of 2015
passed by the Division Bench of our High Court viz. (i) order dated
04.07.2008 in W.A.No.663 of 2007 (ii) order dated 20.04.2010 in
W.A(MD).No.94 of 2010 and (iii) order dated 03.09.2018 in W.A.No.
967 of 2018, the position has been settled to the effect that the date of
membership of the employee would be the relevant date and not the
date of his regularization.
3. Thus, the order of the learned Judge to the effect that the
period between 02.12.1999 to 31.08.2009 will be taken to be pensionable
service is in order and confirmed. The second issue relates to
rounding-off of the period of.
4.The entitlement to superannuation pension is conditional
upon the employee having completed 10 years of service in terms of Rule
16, the relevant portion of which reads thus:
“16.Monthly Member's Pension:
(a)A member shall be entitled to
(i)Superannuation Pension, if he has rendered as
qualifying service of 10 years or more and retires on attaining the
age of 58 years or the retirement age that may be fixed by the
employer.”
5.The petitioner would complete 10 years of service on
12.12.2009. However, he has superannuated on 31.08.2009.
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W.A.(MD)No.57 of 2015
6.Rule 13 of Tamil Nadu Transport Corporation Employees'
Pension Fund Rules deals with “Determination of eligible service” and
reads as follows:
“13.Determination of Eligible Service:
The eligible service shall be determined as follows:
(a)In the case of a “New Entrant” entering into service on or
after 01.09.1998, the “actual service” shall be treated as eligible
service. The total actual service shall be rounded off to the
nearest year. The fraction of service for six months or more shall
be treated as one year and the service less than six months shall
be ignored.”.
7.By application of the above rule, the period between
01.09.2009 and 02.12.1999 would be rounded off and the entirety of 10
years service is available to the employee.
8.In light of the above discussion, this Writ Appeal is
dismissed. No costs. Consequently, connected miscellaneous petition is
closed.
[A.S.M.J.,] & [R.V.J.,]
17.07.2023
NCC :Yes/No
Index :Yes/No
Internet :Yes
msa
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.57 of 2015
DR.ANITA SUMANTH, J.
AND
R.VIJAYAKUMAR, J.
msa
Order made in
W.A.(MD)No.57 of 2015
and
M.P.(MD)No.1 of 2015
Dated:
17.07.2023
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