Madras High Court
B.Chandrasekaran Nair vs The Managing Director on 12 August, 2024
Author: R.Vijayakumar
Bench: R.Vijayakumar
W.P.(MD)No.13060 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.08.2024
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
W.P.(MD)No.13060 of 2022
B.Chandrasekaran Nair ... Petitioner
vs
1.The Managing Director,
Tamil Nadu State Transport Corporation Tirunelveli Ltd.,
Tirunelveli.
2.The General Manager,
Tamil Nadu State Transport Corporation Tirunelveli Ltd.,
Ranithottam,
Nagercoil – 629 001.
Kanyakumari.
3.The Administrator,
Tamil Nadu State Transport Corporation Employees Pension Trust,
Thiruvallur House,
Pallavan Salai, Chennai – 600 002. ... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India,
to issue a writ of Certiorarified Mandamus, to call for the records of the third
respondent letter made in 13929-2021/rl;lk;/2-jmnghfgXepbgh-2021-486 dated
02.12.2021 and quash the same as illegal consequently direct the respondents to
give all other monitory benefits to the petitioners forthwith.
For Petitioner : Mr.N.S.Ramakrishna Dass
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W.P.(MD)No.13060 of 2022
For Respondents : Mr.D.Jebaraj,
Standing Counsel for R1 and R2
Mr.S.C.Herold Singh
Standing Counsel for R3
*****
ORDER
The instant writ petition has been filed by a retired Driver of the
respondents/Transport Corporation challenging the order passed by the
Authorities, wherein, his pensionary service was calculated only from the date
of confirmation of service and not from the date on which he became a member
of the Pension Fund Scheme.
2. It is an admitted fact that the petitioner herein was initially appointed
on 20.12.1984 and he was terminated from service on 02.09.1994. However, he
was reinstated on 02.05.1995 without continuity of service and without
backwages and after few months from the date on which he has been reinstated,
he has become a member under the Employees Provident Fund (EPF) Scheme
Pension. On and from 01.09.1998, the Tamil Nadu State Transport Corporation
Employees Pension Fund Scheme was introduced to all the employees of the
Transport Corporation. The EPF Organisation has granted exemption to the
Transport Corporation from mandatorily paying the contribution to the said
Organisation by their members. Thereafter, the EPF Organisation has
transferred all the contribution amount (that has been remitted to their account)
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to the account of the Pension Fund Scheme.
3. A perusal of the Rules 2(o) and 2(v) of the Employees Pension Fund
Rules indicate that the pensionary service has to be calculated from the date on
which an employee become a member of the fund. In this case, it is not in
dispute that the petitioner was a member of the EPF Pension Scheme and later,
he has been brought under the Transport Corporation Employees Pension Funds
Scheme. Therefore, the submission on the part of the Transport Corporation that
his pensionary service will be reckoned only from the date on which, he was
made permanent and not from the date on which he became a member of the
fund is not legally sustainable. However, the disbursement of pensionary
benefits as far as the petitioner is concerned, shall be reckoned from the date on
which the petitioner was reinstated, that is 02.05.1995 onwards.
4. In this connection, the Hon’ble Division Bench of this Court, under the
similar circumstances, in the case of the Managing Director, Tamil Nadu State
Transport Corporation, Madurai Zone-III vs. M.Thangaiyan in W.A.
(MD).No.1006 of 2014 by order dated 22.12.2016, in paragraph No.8 has held
as follows:
“8. The issue involved in this Writ Appeal is no more res
integra. Similar issue involved in this Writ Appeal was already
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dealt with by another Division Bench of this Court in the case of
the Managing Director, Kumbakonam Vs. N.Jothi and another,
W.A.(MD).No.94 of 2010 and in the said judgment, by order,
dated, 20.04.2010, this Court by negativing the contention
raised by the respondents directed the Transport Corporation to
calculate the pension amount from the date on which the
contribution for employee provident fund was deducted and
therefore, we do not find any infirmity or illegality in the order
dated 03.04.2013 made in W.P(MD).No.5830 of 2008 passed by
the learned Single Judge. Added further, initially, the petitioner
was granted pension by the Corporation for a period of five and
half years and for the best reasons known to them, it was
abruptly stopped, which is only an after-thought of the
Corporation. Therefore, we do not find any compelling reasons
warranting any interference with the reasoned order passed by
the learned Single Judge. Hence, this Writ Appeal is liable to be
dismissed and accordingly, it is dismissed. Since the petitioner
is in the evenings of his life even at the time of filing the Writ
Petition and the matter has been pending for more than seven
years before this Court, the respondents/Transport Corporation
are directed to comply with the order of the learned single
Judge made in W.P(MD).No.5830 of 2008 dated 03.04.2013 and
grant pension, including the arrears of amount so far to be
payable to the petitioner, within a period of six weeks from the
date of receipt of a copy of this order. No costs. Consequently,
connected miscellaneous petition is closed.”
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5. In view of the decision rendered by the Hon’ble Division Bench, the
impugned order passed by the officials in this Writ Petition is set aside and this
Writ Petition stands allowed. The respondents are directed to disburse all the
monetary benefits treating his pensionary service from the date on which he
become a member of the EPF Pension Scheme, that is 02.05.1995, within a
period of three months from the date of receipt of a copy of this order.
This Writ Petition is allowed, with above directions. No costs.
12.08.2024
Index : Yes/No (2/2)
Internet: Yes/No
apd
To
1.The Managing Director,
Tamil Nadu State Transport Corporation Tirunelveli Ltd.,
Tirunelveli.
2.The General Manager,
Tamil Nadu State Transport Corporation Tirunelveli Ltd.,
Ranithottam,
Nagercoil – 629 001.
Kanyakumari.
3.The Administrator,
Tamil Nadu State Transport Corporation Employees Pension Trust,
Thiruvallur House,
Pallavan Salai, Chennai – 600 002.
https://www.mhc.tn.gov.in/judis
R.VIJAYAKUMAR, J.
apd
12.08.2024
(2/2)
https://www.mhc.tn.gov.in/judis
