Madras High Court
The Management vs P.Rajinikanthan on 30 October, 2023
W.A.(MD) No.1887 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 30.10.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
W.A.(MD) No.1887 of 2023
and C.M.P.(MD) No.14472 of 2023
1.The Management,
Tamil Nadu State Transport Corporation,
Rep. by its General Manager,
Division – 3,
Madurai (Nagercoil).
2.The General Manager,
Tamil Nadu State Transport Corporation,
Nagercoil Region,
Ranithottam Branch – III,
Nagercoil.
3.The Branch Manager,
Tamil Nadu State Transport Corporation,
Nagercoil Region,
Ranithottam Branch – III,
Nagercoil. ... Appellants/Respondents
-Vs.-
P.Rajinikanthan ... Respondent/Writ Petitioner
PRAYER:- Writ Appeal filed under Clause 15 of Letters Patent Act, to
set aside the order dated 11.01.2023 made in W.P.(MD)No.7154 of 2020
on the file of this Court.
1/5
https://www.mhc.tn.gov.in/judis
W.A.(MD) No.1887 of 2023
For Appellants : Mr.D.Jebaraj
Standing Counsel
For Respondent : Mr.G.Karthik
****
JUDGMENT
(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.)
The Writ Appeal has been instituted against the order dated
11.01.2023, passed in W.P.(MD) No.7154 of 2020.
2. The respondent was employed in Tamil Nadu State Transport
Corporation as a driver and he was removed from service on 07.04.1991.
The respondent challenged the order of removal in W.P.(MD)No.944 of
2007 and this Court passed an order on 15.04.2013 and allowed the Writ
Petition on the following terms:-
“10.In the result, the writ petition is allowed and the
impugned award is set aside and the punishment of dismissal
from service passed against the petitioner is set aside and the
same is modified into an order of reinstatement without back
wages, but with continuity of service. On the petitioner being
reinstated in service, he shall be sent for course on safe driving
in the respondent Transport Corporation or sent to the Institute
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W.A.(MD) No.1887 of 2023
of Road Transport for a minimum period of one month and it
is only thereafter, the petitioner shall be permitted to drive the
bus of the first respondent Corporation.”
The said order became final. Since the appellants have refused to settle
the pensionary benefits, the respondent filed the Writ Petition in W.P.
(MD) No.7154 of 2020. Learned Single Judge, considering the fact that
the order of removal was set aside by this Court without back wages but
with continuity of service, granted the relief of pension in favour of the
respondent.
3. Learned Standing Counsel for the appellants mainly
contended that the respondent was not in service and more so not
completed the minimum services of 10 years as contemplated under the
Pension Rules.
4. The said contention is devoid of merits in view of the fact
that the learned Judge in W.P.(MD) No.944 of 2007 unambiguously
stated that the order of dismissal from service was set aside and the
respondent was reinstated into service without back wages, but with
continuity of service. Since the benefit of continuity of service was
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W.A.(MD) No.1887 of 2023
granted, the respondent is entitled for pension and the interregnum period
is to be reckoned as qualifying services for the purpose of calculating the
pensionary benefits. Accordingly, the appellants are bound to settle the
pensionary benefits by calculating the same as per the order of the
learned Single Judge.
5. Accordingly, the order impugned order dated 11.01.2023,
passed in W.P.(MD) No.7154 of 2020, is confirmed and consequently, the
Writ Appeal is dismissed. No costs. Consequently, connected Civil
Miscellaneous Petition is closed.
[S.M.S.J.,] & [V.L.N.J.,]
NCC :Yes/No 30.10.2023
Index :Yes/No
SJ
https://www.mhc.tn.gov.in/judis
W.A.(MD) No.1887 of 2023
S.M.SUBRAMANIAM, J.
AND
V. LAKSHMINARAYANAN, J.
SJ
W.A.(MD) No.1887 of 2023
30.10.2023
https://www.mhc.tn.gov.in/judis
