Madras High Court
Unknown vs State Of Tamilnadu Rep. By Is on 5 February, 2025
Author: V.Bhavani Subbaroyan
Bench: V.Bhavani Subbaroyan
W.P.No.4657 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 05.02.2025
Coram:
THE HONOURABLE Mrs.JUSTICE V.BHAVANI SUBBAROYAN
W.P.No.4657 of 2023 &
W.M.P.No.4660 of 2023
1. M.Raju
2. S.Ganesan
3. N.Manoharan
4. S.V.Jayaraman
5. K.Panchatcharam
6. A.Ramasamy
7. P.Samayamuthu
8. P.Periasamy
9. T.Kuppusamy
10. N.Logarajan
11. N.Balaraman
12. R.Kanagasabapathy
13. L.Subramani
14. P.Munikrishnan
15. S.Venkatesan
16. K.Subramani
17. S.Murugesan
18. R.Kuttiappan
19. G.Annamalai
20. S.Ramasamy
21. L.Thangasamy
22. S.Anthony Muthu
23. A.Krishnan
24. R.Ashalal
25. A.Ramamoorthy
26. S.Ayyappan
27. S.Arumuga Asari
28. C.Chidambaram
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W.P.No.4657 of 2023
29. K.Venkatesan
30. K.Manikandan
31. C.Lukose
32. P.M.Syed Mohameed Kannu
33. E.Devasagayam
34. M.Mariacicil
35. R.Ponnaiyan
36. K.Muthaiyan
37. M.Boothalingam Pillai
38. S.Shanmugam
39. P.Padamanabha Pillai
40. N.Gomathi Asari
41. M.Deivakannu
42. N.Subbian
43. P.Valliammal ...Petitioners
Vs.
1. State of Tamilnadu rep. By is
Additional Chief Secretary
Transport Department, Fort St. George,
Chennai – 600 009
2. The Secretary to the Government,
Finance Department, Fort St. George,
Chennai – 600 009
3. The Principal Accountant General (A&E)
Government of tamilnadu
Teynampet, Chennai- 600018
4. The Administrator
TNSTC Employees Pension Fund Trust
Pallavan House, Anna Salai,
Chennai – 600 002
5. The Managing Director
State Express Transport Corporation,
Pallavan House, Anna Salai,
Chennai – 600 002
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W.P.No.4657 of 2023
6. The Managing Director,
TNSTC (Salem) Ltd.,
No.112, Ramakrishna Salai, Salem
7. The Managing Director,
TNSTC (Villupuram) Ltd., Villupuram
8. The Managing Director,
TNSTC (Coimbatore) Ltd.,
No.37, Mettupalayam Road,
Coimbatore – 43
9. The Managing Director,
TNSTC (Trichy) Ltd.,
Trichy
10. The Managing Director,
TNSTC (Madurai) Ltd.,
Bye-pass Road, Madurai – 625 020
11. The Managing Director,
TNSTC (Tirunelveli) Ltd.,
Vaanarapettai, Tirunelveli ... Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India for issuance of
a Writ of Mandamus directing the respondents 1 and 4 to consider the
representation of the petitioners 2 to 43 dated 30.12.2022 and pay to the
petitioners 2 to 43 and the entitlement arrears payable to them as shown in the
annexure to this Writ Petition, without any deduction whatsoever and to stop the
recovery of the Government Pension from the petitioners 2 to 43, being made by
the 4th respondent and the same may be repaid to the petitioners 2 to 43 with
interest @ 15% P.A within a time frame.
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W.P.No.4657 of 2023
For Petitioners : Mr.M.Ramamoorthi
For Respondents : Mr.R.U.Dinesh Rajkumar for R1 & R2
Additional Government Pleader
Mr.P.Manorajan for R3
Mr.C.S.K.Sathish for R4
Mr.C.Gauthamaraj for R5, R10 and R11
Mr.K.Raja for R6
Ms.Pavithra for R7
Mr.M.Muralivinodh for R8 and R9
Standing Counsels
ORDER
The petitioners have filed this Writ Petition seeking for an issuance of a
Writ of Mandamus directing the respondents 1 and 4 to consider the
representation of the petitioners 2 to 43 dated 30.12.2022 and pay to the
petitioners 2 to 43 and the entitlement arrears payable to them as shown in the
annexure to this Writ Petition, without any deduction whatsoever and to stop the
recovery of the Government Pension from the petitioners 2 to 43, being made by
the 4th respondent and the same may be repaid to the petitioners 2 to 43 with
interest @ 15% P.A within a time frame.
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2. The brief facts of the case are as follows :-
(i) The petitioners are the members of the Tamilnadu State Transport
Corporations retired administrative and technical supervisory staff welfare
association (Reg.No.19/2011), Salem West), a society registered under the
Taminadu Societis Registration Act. The Petitioners are hereby approaching this
Court for the relief on the ground that the Contempt Petition no.53 of 2020 was
closed by this Court on 27.09.2022, granting liberty to the petitioners herein to
work out their remedy in respect of the pensionary benefits payable to them.
(ii) Under the Government order No.284 dated 31.03.1980, the pro-rata
pension of an employee is calculated as on the date of transfer to various
transport corporations, but payment of pension is suspended during the
remaining period of employment in transport corporations. Under the aforesaid
order, the crucial date for calculating terminal benefits was fixed to be 01.05.1975
or the date from which the employee continuously working in the corporation,
whichever is later. The said G.O.was quashed by this Court by way of a
Judgment dated 18.01.1983 in W.P.Nos.1917 and 1928 of 1980 in so far it took
away the benefits conferred in G.O.Ms.No.378 dated 18.04.1975.
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(iii) The petitioner's Association have made representations to the
respondents 1 to 4 requesting them to pay the petitioners' entittlement arrears
without any deduction whatsoever and to stop the recovery of the Government
Pension from the petitioners and the same may be repaid to the petitioners with
interest @ 15% per annum whereever the members of the petitioners' association
have passed away, the family pension may be paid to their legal heirs. Hence this
petition.
3. Per contra, the learned Additional Government Pleader appearing for the
respondents 1 and 2 by way of a detailed counter submitted as follows:-
(i) The petitioners herein, who worked in a short spell of service in the
Government were absorbed in the Transport Corportions with continuity of
service taking their original date of joining in the Government Department as the
date of joining for the purpose of transport corporations service. There was no
break in service for these petitioners and all their terminal benefits were settled
based on their original date of joining in the Government Department. Further,
the petitioners received Gratuity, provident fund, leave salary and other benefits
by reckoning the original date of joining in the Government Department, i.e.,
Tamilnadu State Transport Department.
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(ii) That apart, as per Rule 14(b) under Part VI Pensionery benefits, the
double pension drawn by these petitioners needs to be taken into account in
accordance with Section 14 (b) of the Tamilnadu State Transport Corporation
Employee Pension Fund Rules. The claim of the petitioners that these
deductions should not be implemented is unjustified.
(iii) The petitioners were able to enjoy more benefits during their service in
the transport corporation, since it operates as a company, governed by the
Provisions of Factories Act, 1948 (Central Act 63 of 1948) Industrial Disputes Act
1947, (Central Act 4 of 1947), Workmen Compensation Act 1923 (Central Act of
1923), Payment of Wages Act 1936 (Central Act 4 of 1936) and other Acts
appropriate to factories. The welfare measures provided to them were more
advantageous compared to their previous government service, where the revision
of scales occurred only after a span of 10 years through pay commissions.
Under the Section 12(3) of the Central Act 4 of the Central Act of 1947 Industrial
Disputes Act, later the settlement was covered for these petitioners and allowed
them to the benefit from the revision of scales every 3 years instead of the origial
10 years.
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(iv) The respondents have already spent significant time and energy for
issuing the following government orders in respect of the petitioners:
S.No. Case Nos G.O.Nos.
1 W.P.Nos.5856 of 2006, 6891 of G.O.(Ms.) No.42, Transport (RW)
2006 and 23181 of 2006 Department dated 27.05.2005
2 W.A.Nos.111 of 2007, 112/2007 G.O.(Ms) No.96, Transport (RW1)
and 113 of 2007 Department, dated 31.07.2015
G.O.(Ms) No.33, Transport (RW1)
Department, dated 04.03.2016
G.O.(Ms) No.85, Transport (RW1)
Department, dated 04.03.2016
3 Rev.App.(Diary) No.1756/2011 G.O.(Ms) No.96, Transport (RW1)
Department, dated 31.07.2015
However, in the limit of clear cut direction of the Hon'ble Division Bench order in
Contempt petition No.53 of 2020 dated 27.9.2022, the petitioners have filed this
present petition, thereby pleaded to dismiss the petition.
4. Heard the learned counsel on either side and perused the documents
placed on record.
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5. It is to be noted that the petitioners herein are aged about 70 to 80 years
and there is no details regarding the date of appointment or the date of
retirement. Further, there is also no details as to what was the service rendered
by them in the respondents/Department and without any details they have
approached this Court. According to the respondents, various writ petitions and
Writ Apppeals have been filed and the matter went up to Supreme Court and
necessary amendments were issued in G.O.(MS) No.96 Transport (RW1)
Department dated 31.07.2015 to set aside clause 5(b) of G.O.Ms.No.4, Transport
(RW) Department, dated 27.05.2005 that the erstwhile Tamil Nadu State
Transport Department Employees, who were absorbed in Tamilnadu State
Transport Corporations and retired from the Tamilnadu State Transport
Corporation be paid minimum pension with effect from 01.01.1988, if they have
rendered / completed twenty and a half years qualfying service and more in the
erstwhile Tamilnadu State Transport Department as on 01.04.1982.
6. It is also brought to the notice of this Court that the respondents have
already paid all the amount, which the petitioners are entitled to and there is no
arrears due as on date payable to the petitioners.
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7. Considering all the above said facts and circumstances of the case, this
Court is inclined to direct the petitioners to approach the Administrator, 4th
respondent herein with a fresh representation within a period of four weeks from
the date of receipt of copy of a order and the same shall be considered by the
said adminisrator and appropriate orders shall be passed by taking note of the
order passed by the Hon'ble Supreme Court and this Court in Contempt Petition
No.53 of 2020 within a period of sixteen weeks thereon.
In view of the above, the Writ Petition is disposed of. Consequently,
connected miscellaneous petition is closed. No costs.
05.02.2025
Index : Yes / No;
Internet : Yes / No
Speaking Order / Non Speaking Order
ssd
To
1. State of Tamilnadu rep. By is
Additional Chief Secretary
Transport Department, Fort St. George,
Chennai – 600 009
2. The Secretary to the Government,
Finance Department, Fort St. George,
Chennai – 600 009
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3. The Principal Accountant General (A&E)
Government of tamilnadu
Teynampet, Chennai- 600018
4. The Administrator
TNSTC Employees Pension Fund Trust
Pallavan House, Anna Salai,
Chennai – 600 002
5. The Managing Director
State Express Transport Corporation,
Pallavan House, Anna Salai,
Chennai – 600 002
6. The Managing Director,
TNSTC (Salem) Ltd.,
No.112, Ramakrishna Salai, Salem
7. The Managing Director,
TNSTC (Villupuram) Ltd., Villupuram
8. The Managing Director,
TNSTC (Coimbatore) Ltd.,
No.37, Mettupalayam Road,
Coimbatore – 43
9. The Managing Director,
TNSTC (Trichy) Ltd.,
Trichy
10. The Managing Director,
TNSTC (Madurai) Ltd.,
Bye-pass Road, Madurai – 625 020
11. The Managing Director,
TNSTC (Tirunelveli) Ltd.,
Vaanarapettai, Tirunelveli
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V.BHAVANI SUBBAROYAN, J.
ssd
05.02.2025
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