Madras High Court
N.Ethirajulu vs The Secretary on 11 July, 2025
W.P.(MD) Nos.24812, 24869 & 24868 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
RESERVED ON : 27.06.2025
PRONOUNCED ON : 11.07.2025
CORAM:
THE HONOURABLE DR. JUSTICE A.D. MARIA CLETE
W.P. (MD) Nos.24812, 24869 & 24868 of 2016
and
W.M.P. (MD) No.10156 of 2017
N.Ethirajulu,
No.4/43, Sivakami Nagar,
P.R.C. Colony,
Thanakkankulam,
Thirunagar,
Madurai - 625006. ...Petitioner in W.P.(MD)No.24812 of 2016
M.Kannan,
No.1, Dr.Ambedkar 3rd Street,
Bankers Colony,
Kumaran Nagar,
Puthur,
Trichy - 620017. ...Petitioner in W.P.(MD)No.24869 of 2016
L.Vallinayagam,
A-27, Gandhiji Street,
Thirunagar,
Madurai - 625006. ...Petitioner in W.P.(MD)No.24868 of 2016
Vs.
1. The Secretary,
Transport Department,
Secretariat, Fort St. George,
Chennai - 600009.
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W.P.(MD) Nos.24812, 24869 & 24868 of 2016
2. The Director,
Directorate of Pension,
259, Anna Salai 3rd Block,
2nd Floor, Teynampet,
Chennai - 600006.
3. The Managing Director,
Tamilnadu State Express Transport Corporation,
Pallavan Illam,
Pallavan Salai,
Chennai - 600002. ...Respondents in all the petitions
4.The Pension Administrator,
Tamilnadu State Express Corporation Pension Fund,
Pallavan Illam,
Pallavan Salai,
Chennai - 600002. ...4th Respondent in W.P.(MD)No.24868 of 2016
PRAYER in W.P.(MD)No.24812 of 2016:
To pass an order, writ or direction, more particularly in the nature
of a Writ of Mandamus directing the 2nd Respondent to pay pension for
the service rendered by the Petitioner in the Tamil Nadu Transport
Department from 28.12.1968 to 01.04.1982 under the Madras Liberalised
Pension Rules 1960 with arrears from 01.01.1988 and pass such further
or other order or orders as this Court may deem fit and proper in the
circumstances of the case and thus render justice.
PRAYER in W.P.(MD)No.24869 of 2016:
To pass an order, writ or direction, more particularly in the nature
of a Writ of Mandamus directing the 2nd Respondent to pay pension for
the service rendered by the Petitioner in the Tamil Nadu Transport
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W.P.(MD) Nos.24812, 24869 & 24868 of 2016
Department from 25.01.1968 to 01.04.1982 under the Madras Liberalised
Pension Rules 1960 with arrears from 01.01.1988 and pass such further
or other order or orders as this Court may deem fit and proper in the
circumstances of the case and thus render justice.
PRAYER in W.P.(MD)No.24868 of 2016:
To pass an order, writ or a direction, more particularly in the
nature of a Writ of Mandamus directing the 2nd Respondent to pay
appropriate pension for the service rendered in the erstwhile Tamilnadu
State Transport Department from 1956 to 1982 and direct
the 4th Respondent to pay pension from 1982 to 1989 for the service
rendered in the Transport Corporation as per the Judgment in W.A.No.
3263 of 2002 dated 16.04.2008 and pass such further or other order or
orders as this Court may deem fit and proper in the circumstances of the
case and thus render justice.
PRAYER IN W.M.P.(MD)No.10156 of 2017 in W.P.(MD)No.24868
of 2016:
To delete the name of the Petitioner / 2nd Respondent herein
namely Director of Pension, Chennai - 600 035 from the cause list of the
above Writ Petition on the ground of misjoinder of parties and thus
render justice.
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W.P.(MD) Nos.24812, 24869 & 24868 of 2016
APPEARANCE OF PARTIES:
For Petitioner : Ms. D. Geetha
For Respondents : Mr.J.Ashok,
Additional Government Pleader for R1&R2
: Mr.K.Sathya Singh for R3
: Mr.S.C.Herold Singh
for R4 in W.P.(MD)No.24868 of 2016
COMMON JUDGMENT
Heard. Since the issue raised in all three writ petitions is identical,
they are disposed of by this common order.
2. These three writ petitions have been filed by retired employees
of the erstwhile Tamil Nadu State Transport Department, seeking the
benefit of pension under the Madras Liberalised Pension Rules, 1960 for
the period of service rendered by them in the Transport Department prior
to their absorption in various Transport Corporations.
3. The facts are broadly similar. In W.P.(MD) No. 24812 of 2016,
the petitioner was working as a Conductor in the Tamil Nadu State
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W.P.(MD) Nos.24812, 24869 & 24868 of 2016
Transport Department in the year 1967. His services were later deputed
to the State Transport Corporation, where he continued to serve until his
retirement on 30.04.1996. It was only thereafter, at the age of 78 and
nearly two decades post-retirement, that the petitioner filed the present
writ petition, claiming entitlement to pension as a retired Government
servant.
4. In W.P.(MD) No. 24869 of 2016, the petitioner was working as
a Driver in the Tamil Nadu State Transport Department in the year 1968.
His services were subsequently deputed to the State Transport
Corporation, where he continued until his retirement on 31.07.2005. It
was only thereafter, at the age of 69 and after a lapse of 11 years from the
date of retirement, that the petitioner filed the present writ petition,
seeking pension as a retired Government servant.
5. In W.P.(MD) No. 24868 of 2016, the petitioner entered service
in the Tamil Nadu State Transport Department in the year 1956. His
services were subsequently deputed to the State Transport Corporation,
where he continued until his retirement in the year 1989. It was only
thereafter, at the age of 83 and after a gap of 27 years from the date of
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W.P.(MD) Nos.24812, 24869 & 24868 of 2016
retirement, that the petitioner filed the present writ petition, seeking
pension as a retired Government servant, claiming parity with one
Mr. Jesurathinam, who was granted such relief in W.A. No. 3263 of 2002
dated 16.04.2008.
6. Learned counsel for the petitioners submits that none of them
exercised any option under G.O.Ms. No. 212, Transport Department,
dated 28.03.1974, opting out of the pension scheme, and hence, they
ought to be deemed to have continued under the Madras Liberalised
Pension Rules. Reference is also made to G.O.Ms. No. 378, Finance
Department, dated 18.04.1975, and the judgment of the Hon’ble Supreme
Court in Government of Tamil Nadu v. M. Ananchu Ansari, reported in
(2003) 10 SCC 503, which fixed 01.04.1982 as the uniform cut-off date
for reckoning Government pension eligibility.
7. In the W.P(MD)Nos. 24812 & 24869 of 2016 on receiving
notice on behalf of the Respondents, a counter affidavit has been filed
dated 23.12.2020. In paras 4 and 5, 4 to 6 of the counters respectively,
the circumstances under which the Petitioner was not eligible to draw
government pension is set out as follows:-
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W.P.(MD) Nos.24812, 24869 & 24868 of 2016
W.P 24812 of 2016
“4. I submit that he has already been sanctioned a sum
of Rs.788/- towards OSSR Gratuity for the service rendered
by him in erstwhile Tamilnadu State Transport Department
upto 14.09.1975 considering the option given by him vide
Government Lr.No.76248/TBC5/87 dated 21.09.1988 and
also settled a sum of Rs. 1454/- towards belated payment of
interest on OSSR Gratuity and the indl is drawing pension
under EPF Scheme 1995.
5. I submit that as per the G.O. Ms. No. 212 Transport
Department dated 28.03.1974 Gratuity under OSSR Scheme
with double share of Government PF has been settled to the
above retired person. Further, he Knowing well about the fact
of the settlement, the petitioner has been received OSSR
Gratuity and PF both share i.e employee and employer share
as per the option given by him for OSSR.”
“4. I submit that he has already been sanctioned a sum
of Rs.840/- towards OSSR Gratuity for the service rendered
by him in erstwhile Tamilnadu State Transport Department
from 25.01.1968 to 30.04.1975 considering the option given
by him vide Government Lr.No.83979/RWII-6/86 dated
24.04.1988 and also settled a sum of Rs. 1476/- towards
belated payment of interest on OSSR Gratuity and the indl is
drawing pension under EPF Scheme 1998.
5. I submit that as per the G.O. Ms. No. 212 Transport
Department dated 28.03.1974 Gratuity under OSSR Scheme
with double share of Government PF has been settled to the
above retired person.
6. I submit that he knowing well about the fact of the
settlement, the petitioner has been received OSSR Gratuity
and PF both share i.e. employee and employer share as per
the option given by him for OSSR.”
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W.P.(MD) Nos.24812, 24869 & 24868 of 2016
8. In the W.P.(MD)No.24868 of 2016 on receiving notice on
behalf of the Respondents, a counter affidavit has been filed dated
23.12.2020. In paras 4, 5 and 10 of the counter, the circumstances under
which the Petitioner was not eligible to draw government pension is set
out as follows:-
“4. I submit that he has already been sanctioned
Government pension for the service rendered by him in
erstwhile Tamilnadu State Transport Department from
01.01.1958 to 14.09.1975 onwards and also settled with PF-
Employer share for his Corporation service.
5. I submit that adding to this, 15% interest on belated
payment of pensionary benefits has also been settled.
……
10. I submit that the request of the petitioner for sanction
of enhanced rate of Government pension by adding the
Corporation service up to 31.03.1982 could not be complied
with since he is getting Government pension for completion of
more than 10 years of regular service up to 14.09.1975 vide
G.O.Ms.No.1028 Transport Department dated 23.09.1985.”
9. The plea of the petitioners in all these writ petitions rests on the
contention that since they did not expressly opt out of the Government
pension scheme, they must be treated as deemed pensioners under the
Madras Liberalised Pension Rules, 1960. This submission cannot be
accepted. The materials on record establish that the petitioners had
continued in service in the Corporations well beyond 01.04.1982 without
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W.P.(MD) Nos.24812, 24869 & 24868 of 2016
raising any protest; they had received retirement benefits under the
Corporation’s contributory schemes, including gratuity and employer’s
share of provident fund or Corporation pension; and there is no credible
dispute raised that they were coerced or misled. Once an employee has
consciously opted for the OSSR scheme and availed monetary benefits in
lieu of pension, it is not open to them, after retirement, to resile from
such option and claim pensionary rights under the Liberalised Pension
Rules. Such an inconsistent claim is barred by the principles of estoppel
and election. Recognition of such a claim would also pave the way for
impermissible duplicity of benefits, which the law expressly forbids.
10. In W.P.(MD) No. 24868 of 2016, learned counsel for the
petitioner has also relied upon a Division Bench judgment in W.A. No.
3263 of 2002, dated 16.04.2008, to contend that the petitioner is entitled
to be paid pension for the post-1982 period by the Corporation as was
done in the case of one Mr. Jesurathinam. That case, however, turned on
specific concessions by the employer Corporation and factual admissions
therein. No such factual or legal parity has been demonstrated here.
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W.P.(MD) Nos.24812, 24869 & 24868 of 2016
11. Under the said circumstances, the Petitioners are not eligible
for getting any pension as sought for in the Writ Petitions. Besides the
writ petitions are liable to be dismissed on the ground of delay and
latches. Hence, W.P.(MD)Nos.24812, 24869 and 24868 of 2016 stand
dismissed. However, there will be no order as to costs. Consequently, the
connected Miscellaneous Petition is closed.
11.07.2025
Index: Yes / No
Speaking Order / Non-speaking Order
Neutral Citation : Yes / No
LS
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W.P.(MD) Nos.24812, 24869 & 24868 of 2016
To
1. The Secretary,
Transport Department,
Secretariat,
Fort St. George,
Chennai - 600009.
2. The Director,
Directorate of Pension,
259, Anna Salai 3rd Block,
2nd Floor, Teynampet,
Chennai – 600006.
3. The Managing Director,
Tamilnadu State Express Transport Corporation,
Pallavan Illam,
Pallavan Salai,
Chennai - 600002.
4.The Pension Administrator,
Tamilnadu State Express Corporation Pension Fund,
Pallavan Illam,
Pallavan Salai,
Chennai - 600002.
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W.P.(MD) Nos.24812, 24869 & 24868 of 2016
DR. A.D. MARIA CLETE, J.
LS
W.P. (MD) Nos.24812, 24869 & 24868 of 2016
and
11.07.2025
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