D.Nelson Raj v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.08.2025
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI and WMP (MD) No.17112 of 2025 D.Nelson Raj ... Petitioner vs.
1. The Managing Director, State Express Transport Corporation, Thiruvalluvar House, Pallavan Salai, Chennai 600 002.
2. The Divisional Manager, 863h Rmr, Pammam, Marthandam, Tamil Nadu 629 165.
3. The Administrator, Tamil Nadu Stat Transport Corporation Employees Pension Fund Trust, Thiruvalluvarillam, Anna Salai, Chennai - 600 002.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to include 1/6
the petitioners military service into his account for arriving net qualifying service for calculation of pensionery benefits and to grant monthly pension and all monetary and attendant benefits with arrears and interest within a time frame. For Petitioner : Mr.M.Saravanakumar For R1 - R2 : Mr.K.Senthil Kumar Standing Counsel For R3 : Mr.S.C.Herold Singh
O R D E R
This writ petition has been filed for issuance of a writ of Mandamus, directing the respondents to include the petitioner's military service into his account for arriving net qualifying service for calculation of pensionery benefits and to grant monthly pension and all monetary and attendant benefits with arrears and interest, within a time frame.
2.Heard Mr.M.Saravanakumar, learned counsel for the petitioner; Mr.K.Senthil Kumar, learned Standing Counsel, who accepts notice on behalf of the respondents 1 and 2 and Mr.S.C.Herold Singh, learned Standing Counsel, who accepts notice on behalf of the third respondent. 2/6
3. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.
4. The petitioner asserts that he served in the Indian Army as a Sepoy from 04.06.1963 and was discharged from service on 07.04.1973. Subsequently, he joined the respondent corporation as Security Guard on 14.12.1981 and retired from service upon attaining superannuation on 31.05.1997. The grievance of the petitioner is that, despite having made a representation as early as on 15.10.1994, his military service has not been taken into account for computing net qualifying service for the purpose of calculation of pension. In this regard, the petitioner submitted a representation on 03.04.2021 to the respondents, reiterating his request for inclusion of his military service in the pension calculation. As no action was taken on this representation, the petitioner has filed the present Writ Petition before this Court.
5. Learned counsel for the petitioner would further submit that the petitioner would be satisfied if a direction is issued to the respondents to consider 3/6
the representation of the petitioner dated 03.04.2021 and pass appropriate orders thereon, within a time frame to be fixed by this Court.
6. Considering the above facts and circumstances, without going into the merits of the case, this Writ Petition is disposed of with a direction to the respondents, to consider the representation of the petitioner dated 03.04.2021 and pass appropriate orders in accordance with law. Such exercise shall be completed as expeditiously as possible, preferably within a period of six (6) weeks from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the respondents to consider the same on its own merits. No costs. Consequently, the connected miscellaneous petition is closed. 12.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes PKN 4/6
To
1. The Managing Director, State Express Transport Corporation, Thiruvalluvar House, Pallavan Salai, Chennai 600 002.
2. The Divisional Manager, 863h Rmr, Pammam, Marthandam, Tamil Nadu 629 165.
3. The Administrator, Tamil Nadu Stat Transport Corporation Employees Pension Fund Trust, Thiruvalluvarillam, Anna Salai, Chennai - 600 002.
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M.DHANDAPANI ,J.
PKN ORDER MADE IN DATED : 12.08.2025 6/6