Mr.V.Tahymanavan, v. The General Manager,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR V.Thayumanavan, No.B2, Block - 3, Ganapatheyam Apartment, Plot No.12-13, Subramaniyamstreet, Selaiyur, East Tambaram, Chennai - 600 059.
...Petitioner
Vs 1.The General Manager, Tamil Nadu State Transport Corporation, Villupuram.
2.The Deputy Manager (PF) Tamil Nadu State Transport Corporation, Villupuram Limited, Villupuram.
3.The Administrator, TNSTC Employees, Pension Fund Trust, Pallavan House, Anna Salai, Chennai - 600 002.
(R3-impleaded as per order dated 19.11.2024 in WMP.No.35960 of 2024 in W.P.No.3481 of 2014) ... Respondents 1/6
PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus to call for the records of the orders passed by the 2nd respondent in letter No.2072/ve.ni5/T.N.Govt.Trans.Corp (Villupuram)/2013, dated 20.08.2013 and the letter No.2072/vi.ni5/TN.Govt.Trans.Corp (Villupuram)/2013, dated 17.01.2014 by the Deputy Manager, TN State Transport Corporation (Villupuram) the 2nd respondent in rejecting the claim of the petitioner for refixation of his pension quash the same and consequently direct the respondents to refix the pension as per the rules and pay the arrears within the short date that may be fixed by this Court. For Petitioners : Mr.G.Sridevi For Respondents : Mr.M.Aswin for R1 and R2 Mr.C.S.K.Sathish for R3
O R D E R
The present writ petition has been filed challenging the impugned order passed by the second respondent rejecting the claim of the petitioner seeking refixation of his pension.
2. As seen from paragraph No.12 of the affidavit filed in the writ petition, the only grievance ventilated by the petitioner in this writ petition is to count the service rendered by the petitioner as 26 years, as against 24 years, 10 months and 14 days taken into consideration by the 2/6
respondent Corporation for the purpose of fixation of pension of the petitioner.
3. In response to the claim made by the petitioner, the respondents filed a counter affidavit stating that the pension of the petitioner was fixed after duly taking into consideration the service rendered by the petitioner prior to his entry into the respondent Corporation in Central Kitchen Vehicles Workshop, Vikravandi also and the same was restricted for 30 years in terms of Rule 14(b) of the Tamil Nadu State Transport Employees' Pension Trust. If that is the case, it is clear that the pension of the petitioner is fixed by taking 30 years of service, which is more than the 26 years claimed by the petitioner.
4. In the said circumstances, the cause in the writ petition does not survive. However, the learned counsel for the petitioner submitted that the petitioner's service, both in the Central Kitchen Vehicles Workshop, Vikravandi, as well as in the respondent Corporation, should be reckoned for grant of dual pension. However, this specific issue is not the subject matter of the present writ petition. Therefore, such an issue cannot be gone 3/6
into in this writ petition. Hence, it is left open to the petitioner to make any such claim in accordance with law.
5. Accordingly, this writ petition is dismissed as infructuous. No costs.
24.06.2025 Index : Yes/No Speaking order:Yes/No ub 4/6
To 1.The Secretary, Department of Environment and Forest, Government of Tamil Nadu, Fort St.George, Chennai - 600 009.
2.The Principal Chief Conservator of Forest, Panagal Building, Saidapet, Chennai - 600 015.
3.The Administrator, TNSTC Employees, Pension Fund Trust, Pallavan House, Anna Salai, Chennai - 600 002.
5/6
MUMMINENI SUDHEER KUMAR, J.
ub W.P.No.3481 of 2014 24.06.2025 6/6