BEFORE THE MADURAI BENCH OF THE MADRAS HIGH COURT DATED : 14/06/2006 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI W.P.No.60 of 2004 S.Murugesan ... Petitioner Versus The Managing Director, M/s.Tamil Nadu State Transport Corporation (Kumbakonam Division II) Ltd., Periyamilaguparai, Tiruchirapalli - 620 001. ... Respondent PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records connected with the order of the respondent in TNTC/K.D.2/0, Section/P.F.3/255/2003 dated 12.12.2003 and to quash the same and for a direction, directing the respondent herein to pay monthly pension payment to the petitioner from the date of retirement. !For Petitioner ... Mr.V.C.Selvasekaran ^For Respondent ... Ms.Jessi Jeeva Priya, Special Government Pleader. :ORDER
This writ petition is filed challenging the order of the respondent
dated 17.11.2003, communicated along with the covering letter dated 12.12.2003.
2. The case of the petitioner is that he was appointed as a
conductor on 20.09.1979, and admittedly he joined the post on 03.10.1979 on a
daily wage basis. The petitioner was regularized in service with effect from
01.11.1980. He has made representation for the purpose of availing the voluntary
retirement scheme of the respondent on 12.02.2001, after verifying that he has
completed 20 years of service. Based on that, the petitioner was relieved from
service on 17.05.2001, on voluntary retirement service scheme. However, he was
not paid pension and it was in those circumstances, he has been making
representation, ultimately, to the Chief Minister Cell. It was thereafter by the
impugned communication dated 12.12.2003, annexing the order dated 17.11.2003,
the respondent has intimated the petitioner that “he is not eligible for paying
pension, since he has not completed the minimum required qualifying service of
20 years”. Challenging the said order, the present writ petition is filed.
3. The respondent has filed the counter affidavit. In the counter
affidavit, the respondent has specifically admitted that the petitioner was
regularized in the services with effect from 01.11.1980, by order dated
01.04.1981. However, while arriving at a calculation to decide about the
eligibility for pension, namely, the completion of 20 years of required
qualifying service, the respondent computed the period from 01.04.1981, the
date of passing of order as the date of regularization and on computation, the
respondent arrived at a conclusion that the petitioner has not completed 20
years of service.
4. That apart, the respondent, in the counter- affidavit, has also
stated that a non-qualifying service of 3 months and 17 days has to be deducted
from the total service, since for the said period, there was no contribution of
provident fund. Therefore, according to the respondent, in the counter-
affidavit, the petitioner has completed only the qualifying service period of 19
years, 9 months and 29 days.
5. I heard the learned counsel for the petitioner and also the
learned Special Government Pleader appearing for the respondent.
6. The learned counsel for the petitioner would submit that while
admittedly, the service of the petitioner was regularized with effect from
01.11.1980, it is not proper for the respondent to take into consideration
01.04.1981 as the date of regularization.
7. According to the learned counsel for the petitioner, 01.04.1981
is the date of order regularizing the petitioner with effect from 01.11.1980,
and, therefore, the period of qualifying service should be taken from
01.11.1980, in which event, the petitioner undoubtedly completed the required
qualifying service of 20 years. The learned counsel for the petitioner would
also contend that there is no reason for the respondent to deduct a period of 3
months and 17 days as a non-qualifying service. If those period, is also taken
into consideration, the petitioner gets adequately more than 20 years of
required qualifying service, making him eligible for the benefit under the
Pension rules.
8. On the other hand, the learned Special Government Pleader would
fairly submit that while giving calculation in the counter affidavit, 01.04.1981
has been taken as the period of regularization. She would also vehemently
contend that 3 months and 17 days period is a non-contributable period, and
therefore, it should not be included for the purpose of arriving at eligibility
for a qualifying service, namely, the completion of 20 years.
9. I have carefully considered the rival contentions of both sides
and on perusal of the entire facts and circumstances of the case, it is
categorically seen that the petitioner’s service was regularized from
01.11.1980. The respondent having stated in the counter affidavit, that by order
dated 01.04.1981, the petitioner’s service was regularized from 01.11.1980, I do
not find any reason for the respondent to take 01.04.1981, as the date of
regularization. It is clear that the date of regularization of the petitioner is
from 01.11.1980, and if that is taken into consideration, admittedly, the
petitioner gets more than 20 years of qualified service. Therefore, I am of the
view that I need not go into the dispute regarding the non-qualifying service
period of 3 months and 17 days. By taking into consideration, the date of
regularization of the petitioner as 01.11.1980, the petitioner comes well within
the period of the qualifying service.
10. In view of the above specific position, the writ petitioner is
entitled to succeed. In the result, the writ petition is allowed and the
impugned order of the respondent dated 12.12.2003 annexing the order of the
respondent dated 17.11.2003 are set aside and there will be a direction to the
respondent to pay the monthly pension, taking into consideration that the
petitioner is eligible for the pensionary benefit along with the entire arrears.
The arrears shall be computed and paid within a period of four weeks from the
date of receipt of a copy of this order.
11. For the reasons stated above, the writ petition is allowed. No
costs.
To
The Managing Director,
M/s.Tamil Nadu State Transport Corporation
(Kumbakonam Division II) Ltd.,
Periyamilaguparai,
Tiruchirapalli – 620 001.