Madras High Court
The General Manager vs R.Shanmugalakshmi (Died) on 1 March, 2023
W.A(MD)No.155 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.03.2023
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
AND
THE HON'BLE MR JUSTICE K.K.RAMAKRISHNAN
W.A(MD)No.155 of 2018
and
C.M.P(MD)No.810 of 2018
The General Manager,
Tamil Nadu State Transport Corporation Limited,
Karaikudi Region,
Managiri Road,
Karaikudi-630 307,
Sivagangai District. ... Appellant
.Vs.
1.R.Shanmugalakshmi (Died)
2.The Administrator,
The Tamilnadu State Transport Corporation,
Pension Fund Trust,
Thiruvalluvar House,
Pallavan Salai,
Chennai-600 002.
(R2 is impleaded as party respondent
in this appeal vide Court order
dated 15.09.2000)
1/5
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W.A(MD)No.155 of 2018
3.Rajalakshmi
4.Revathi
5.Dhanalakshmi
6.Aathilakshmi
7.Jeyalakshmi
(Respondents 3 to 7 are impleaded as Lrs of the
deceased 1st respondent vide Court Order
dated 01.02.2023) ... Respondents
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent Act, to set
aside the order passed in W.P(MD)No.11789 of 2011, dated 02.11.2016 and allow
the writ appeal.
For appellant : Mr.D.Sivaraman
For R3 to R7 : Mr.K.Rajeshwaran
For R2 : Mr.S.C.Herold Singh
ORDER
DR.G.JAYACHANDRAN,J.
AND
K.K.RAMAKRISHNAN,J.
Mrs.R.Shanmugalakshmi, who was appointed on compassionate ground as
a sweeper in the Tamil Nadu State Transport Corporation Limited on 13.06.2001
retired on 28.02.2011, sought for pension, but the same was denied on the ground
that she has not completed 10 years of qualifying service. Therefore, she filed a
writ petition in W.P(MD)No.11789 of 2011 challenging the rejection order since
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W.A(MD)No.155 of 2018
it is a contrary to Rule 13 of the Tamilnadu Strate Transport Corporation Pension
Fund Rules.
2. The said writ petition was allowed by the learned Single Judge of this
Court on 02.11.2016 applying the principles of rounding off as explicitly been
provided under Rule 13(1) of VI of the Rules specifies determination of eligible
service under the Tamil Nadu State Transport Corporation Employees Pension
Fund Rules and the dictum laid down by this Court in W.P(MD)No.6387 of 2011
dated 27.11.2014 and W.A(MD)No.809 of 2010, dated 16.01.2011. The said
order is impugned in the writ appeal.
3. It is no more res integra applying the rounding off principles while
computation of qualifying periods. In this case, the petitioner, who had
completed 9 years 9 months and 24 days of service, is entitled for pension since
her service to be rounded off to 10 years.
4. The department though took a stand that the petitioner is only entitled
for DCRG to the tune of Rs.74,000/- even that money was not paid to her, till her
death.
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W.A(MD)No.155 of 2018
5. In view of the above fact, the legal representatives of
R.Shanmugalakshmi were brought on record vide order, dated 01.02.2023. The
pensionary benefits accrued to the writ petitioner was not paid till her demise and
therefore, the said amount shall be paid to the legal representatives of
R.Shanmugalakshmi with a simple interest at the rate of 6% p.a. The legal
representatives of the appellant Shanmugalakshmi shall share the monetary
benefits equally. The said amount shall be paid within a period of three months
from the date of receipt of a copy of this order.
6. This Court finds no error in the order of the learned Single Judge.
Hence, the writ appeal is dismissed as devoid of merits. No costs. Consequently
connected miscellaneous petition is closed.
[G.J.,J.] [K.K.R.K.,J.]
01.03.2023
Index : Yes / No
Internet : Yes / No
am
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W.A(MD)No.155 of 2018
DR.G.JAYACHANDRAN, J.
and
K.K.RAMAKRISHNAN,J.
am
JUDGMENT MADE IN
W.A(MD)No.155 of 2018
01.03.2023
https://www.mhc.tn.gov.in/judis
