S. Abdul Kadher v. The State of Tamil Nadu & Ors.

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 28.02.2011CORAM:THE HONOURABLE MR. JUSTICE V.DHANAPALANW.P.No.14953 of 2008S.Abdul Kadher... Petitionervs.1.The State of Tamil Nadu,rep. by its Secretary to Government,Transport Department,Fort George,Chennai 600 009.2.The Managing Director,Tamil Nadu State Transport Corporation(Villupuram) Ltd.,Villupuram – 605 602.... RespondentsWrit Petition filed under Article 226 of the Constitution ofIndia praying for the issuance of a writ of mandamus directing the1st respondent to sanction pension to the petitioner for the servicerendered by the petitioner in the State Transport Department,together with 18% of interest. For Petitioner:Mr.M.MuthupandianFor Respondents:Mr.R.Neelakandan, for R1Government AdvocateMr.G.Muniratnam, for R2O R D E R The petitioner has come up with the present writ petition fora direction to the 1st respondent to sanction pension to him for theservice rendered by him in the State Transport Department, togetherwith 18% of interest. 2.Heard Mr.M.Muthupandian, learned counsel for thepetitioner, Mr.R.Neelakandan, learned Government Advocate appearingfor the 1st respondent and Mr.G.Muniratnam, learned counselappearing for the 2nd respondent. https://hcservices.ecourts.gov.in/hcservices/

3.According to the petitioner, he joined as Driver inThanthai Periyar Transport Corporation, now known as 'Tamil NaduState Transport Corporation (Villupuram) Ltd.' on 05.11.1968. Allthe employees of Thanthai Periyar Transport Corporation weretransferred and absorbed permanently in various newly formed StateTransport Corporations during 1975 with an assurance for payment ofpension for the service rendered in the Transport Department, evenduring their service in the Department and the petitioner was alsoabsorbed in Thanthai Periyar Transport Corporation from 14.07.1975and retired from service on 11.06.1980 from Tamil Nadu StateTransport Corporation, Villupuram. 4.The petitioner would state that by a letter dated19.07.2005, the 2nd respondent herein directed him to apply forpension in view of the decisions of the Hon'ble Supreme Courtreported in 2003 (10) SCC 503 and 2005 (2) SCC 332 and as perG.O.Ms.No.42 Transport (RW) Department, dated 27.05.2005, wherebythe cut off date for absorption was revised to 01.04.1982 and themonetary benefits were directed to be paid from 01.01.1988.Accordingly, the petitioner applied for pension to the 1strespondent with relevant details, by a letter dated 25.07.2005, ashe had put more than 10 years of qualifying service. However,no orders regarding sanction of pension were passed so far. 5.The 2nd respondent has filed counter. He has stated thatthe petitioner joined the services of the erstwhile Tamil NaduState Transport Department as Driver on 05.11.1968 and he wasabsorbed in the respondent Corporation w.e.f. 01.05.1975 and not on14.07.1975 as stated in the affidavit. The 1st respondent, videG.O.Ms.No.1028 dated 23.09.1985 granted terminal benefits to allthe employees of the erstwhile Tamil Nadu State TransportDepartment. As per the said Government Order, a Government Servantshould have completed 10 years of net qualifying service inGovernment as on the date of his permanent absorption in the StateTransport Undertakings to become eligible for pension.5a.It is further stated that some of the erstwhile TamilNadu State Transport Department employees, who had put in less than10 years of Government Service and above as on the date of theirpermanent absorption in the State Transport Undertakings weresanctioned pension. Some of the erstwhile Tamil Nadu StateTransport Department employees, who had put in less than 10 yearsof Government Service have filed writ petitions before this courtpraying for sanction of pension duly reckoning the service renderedby them in the State Transport Undertakings beyond01.05.1975/15.09.1975 for the purpose of arriving at the netqualifying service of 10 years to earn pension and this courtpassed orders allowing the Writ Petitions. As against the order ofthis court, the 1st respondent preferred an appeal before the https://hcservices.ecourts.gov.in/hcservices/ Supreme Court of India. By an order dated 29.10.2003, the SupremeCourt directed the 1st respondent to adopt the cut-off date as01.04.1982 for the purpose of assessing the requisite length ofservice and further directed that the eligible employees shall getthe arrears only from 01.01.1988. In order to implement the orderpassed by the Supreme Court, the 1st respondent issued G.O.Ms.No.42Transport (RW) Department, dated 27.05.2005. In continuation ofthe above said order, the 2nd respondent Corporation informed aboutthe details to the beneficiaries, who have requested for pensionand that they have not directed the petitioner to apply for pensionas claimed by him.6.Heard the learned counsel on either side.7.To examine the claim of the petitioner, relevantparagraphs in the counter which are necessary for consideration inthis matter are extracted hereunder :"8.I respectfully submit that after receiptof the pension application from the petitioner,necessary steps were taken to receive the originalService Register from the Government, since it waskept at the Archives Department, Chennai-8. Onreceipt of the same, it was under the process ofpreparing necessary pension proposal along withhundreds of similar beneficiaries. Whileverifying the Service Register of the petitioner,it was found that the petitioner was actuallyremoved from service from the respondentCorporation on 11.06.1980 for the proven chargesof misconduct. Hence, the allegation of thepetitioner that he retired from service on11.06.1980 from the 2nd respondent Corporation istotally false and hereby denied as false.9. I respectfully submit that thepetitioner was removed from service on 11.06.1980,which is prior to 01.04.1982 being the cut-offdate fixed by the Supreme Court of India for thepurpose of assessing the requisite length ofservice to earn pension. Hence, the petitioner isnot eligible to get pension as per Rule 21 ofTamil Nadu Pension Rules, 1978. The said Rule isas follows :"Rule 21 : Dismissal or removal ofGovernment Servant from service or postentails forfeiture of his past service." " https://hcservices.ecourts.gov.in/hcservices/ 7a.According to the 2nd respondent, the petitioner wasremoved from service prior to the cut-off date and hence, he is noteligible to get Government Pension as claimed in the petition.Therefore, the respondents pray for dismissal of the writ petition.8.In the above context, it has to be seen that thepetitioner's employment in the Tamil Nadu State TransportDepartment from 05.11.1968 is not in dispute. It is true that theSupreme Court in Ananchu Asari case reported in (2003) 10 SCC 503has fixed the cut-off date for entitlement to pension of the TamilNadu State Transport Corporation employees as 01.04.1982. When thesaid decision was taken on review for clarification, the SupremeCourt, by its decision reported in (2005) 2 SCC 332 dismissed thereview petitions. To implement the order of the Supreme Court, theGovernment issued G.O.Ms.No.42 Transport (RW) Department, dated27.05.2005. Pursuant thereto, the 2nd respondent Corporationinformed the details to the beneficiaries who have requested forpension. However, the petitioner was removed from service on11.06.1980 much prior to the cut-off date, i.e. 01.04.1982 as fixedby the Supreme Court for the purpose of assessing the requisitelength of service to earn pension.9.Further, it is clear from Rule 21 of Tamil Nadu PensionRules, 1978 that dismissal or removal of a Government servant fromservice or post entails forfeiture of his past service. In view ofthe same, when the petitioner herein has been removed from the 2ndrespondent Transport Corporation on 11.06.1980 much prior to thecut-off date, he is not entitled to claim pensionary benefits. Therefore, the writ petition fails and stands dismissed. Nocosts. AbeSd/-Asst. Registrar//True Copy//Sub Asst. Registrar https://hcservices.ecourts.gov.in/hcservices/ To :1.The Secretary,Government of Tamil Nadu,Transport Department,Fort George,Chennai 600 009.2.The Managing Director,Tamil Nadu State Transport Corporation(Villupuram) Ltd.,Villupuram – 605 602.+ 1 cc to Mr. M. Muthupandian, Advocate SR No.14320+ 1 cc to Mr. G. Muniratnam, Advocate SR No.14358DM(CO)SR/18.3.2011Order in W.P.No.14953 of 2008