Arumughakan .M v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.08.2024
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR M.Arumudhakan.
... Petitioner in W.P.(MD)No.13057 of 2022 R.Sivasubramanian ... Petitioner in W.P.(MD)No.13058 of 2022 B.Thankappan ... Petitioner in W.P.(MD)No.13059 of 2022 M.Santhana Varghese ... Petitioner in W.P.(MD)No.13061 of 2022 S.Ayyappan Assary ... Petitioner in W.P.(MD)No.11972 of 2022 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 in all W.Ps PRAYER in W.P.(MD)Nos.13057 to 13059 & 13061 of 2022: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of 1/7
Certiorarified Mandamus, to call for the records of the third respondent letter made in 13932-2021/rl;lk;/2-jmnghfgXepbgh-2021-393 dated 21.10.2021 and quash the same as illegal consequently direct the respondents to give all other monitory benefits to the petitioners forthwith. PRAYER in W.P.(MD)No.11972 of 2022: 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;/2jmnghfgXepbgh-2021 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 in all W.Ps For Respondents : Mr.D.Jebaraj, in all W.Ps Standing Counsel for R1 and R2 Mr.S.C.Herold Singh Standing Counsel for R3 * * * * * COMMON
ORDER
By this common order, these five Writ Petitions are taken up for disposal.
2. The instant writ petitions have been filed by the retired Driver, Conductor, Checking Inspector of the respondents/Transport Corporation challenging the orders passed by the Authorities, wherein, their pensionary service was calculated only from the date of confirmation of service and not from the date on which they became the members of the Pension Fund Scheme. 2/7
3. It is an admitted fact that all the petitioners herein were appointed between 1981 and 1986 and after few months from their date of appointment, they have become members 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 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) to the account of the Pension Fund Scheme.
4. 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 all these cases, it is not in dispute that the petitioners were the members of the EPF Pension Scheme and later, they have been brought under the Transport Corporation Employees Pension Funds Scheme. Therefore, the submission on the part of the Transport Corporation that their pensionary service will be reckoned only from the date on which, they were made permanent and not from the date on which they became the members of the fund is not legally sustainable. 3/7
5. 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 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.
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."
6. In view of the decision rendered by the Hon'ble Division Bench, the impugned orders passed by the officials in these Writ Petitions are set aside and these Writ Petitions stand allowed. The respondents are directed to disburse all the monetary benefits treating their pensionary service from the date on which they become the members of the EPF Pension Scheme, within a period of three months from the date of receipt of a copy of this order. These Writ Petitions are allowed, with above directions. No costs. 12.08.2024 Index : Yes/No (1/2) Internet: Yes/No apd 5/7
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.
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R.VIJAYAKUMAR , J.
apd W.P.(MD)Nos.13057 to 13059, 13061 & 11972 of 2022 12.08.2024 (1/2) 7/7