GOVERNMENT OF TAMIL NADU Vs. M ANANCHU ASARI

JUDGEMENT

(1.) Leave granted in S. L. P. (Civil) No. 870/2002.Civil Appeal Nos. 1444-1445 of 1999 are preferred against the common judgment of the Division Bench of the Madras High Court in W.A. Nos. 522 of 1992 and 962 of 1993 dismissing the writ appeals filed by the State of Tamil Nadu. The Civil Appeal arising out of S.L.P. (Civil) No. 870 of 2002 is against the order of the Division Bench of the High Court in Writ Petition No. 11985 of 1992 which was allowed following the judgment in Writ Appeal Nos. 522 of 1992 and 962 of 1993 referred to supra. Civil Appeal Nos. 1446-1452 of 1999 are those filed by the State of Tamil Nadu against the common order passed in a batch of writ petitions disposing of the writ petitions filed by the Transport Corporation employees in terms of the judgment in Writ Appeal Nos. 522 of 1992 and 962 of 1993. The State has directly approached this Court against the said order of the learned single Judge. Thus, the lead judgment is the one rendered by the High Court in Writ Appeal Nos. 522 of 1992 and 962 of 1993.

(2.) Broadly, the issue in these appeals is whether the cut-off date fixed by the Government for the purpose of entitlement to pension of the erstwhile Transport Department employees who were later on absorbed in Transport Corporations, is constitutionally valid The High Court answered that issue in the negative and directed the fixation of cut-off date afresh in the light of the observations made.

(3.) The two writ petitioners in W. P. No. 6969 of 1990 with reference to which Writ Appeal No. 522 of 1992 was filed by the State Government, were the employees of Nessmony Transport Corporation which was carved out of Kattabomman Transport Corporation Limited. The latter Corporation came into existence from 1-1-1974. The writ petitioner in W. P. No. 7012 of 1988 out of which Writ Appeal No. 962 of 1993 arose is the workers' Union of Pallavan Transport Corporation Limited which was formed with effect from 1-1-1973. The said writ petitioners including the concerned members of the workers' Union were originally employed in the State Transport Department. Pursuant to the decision taken by the Government to form separate Transport Corporations to take over the operation and management of public transport in the districts concerned, two Corporations aforementioned came into existence in 1973 and 1974. The assets and liabilities were transferred on certain terms to the newly formed Government Companies which in effect have the status of Public Sector Undertakings. The writ petitioners and other similarly situated employees were deputed to work in the said Transport Corporations. For instance, in G. O. Ms. No. 651 (Transport) dated 18-7-1973, it was stipulated that all employees of the Tamil Nadu State Transport Department serving in the Kanyakumari District for the purpose of running, maintenance and upkeep of the transport system in the District will be considered to be employees on deputation with the Kattabomman Corporation with effect from 1-1-1974. It was further enjoined that "they will continue to receive the same emoluments and enjoy the same conditions of service and privileges till such time the Corporation frames its own rules and takes those employees in its pay rolls." The G. O. further provided that the new Corporation shall be responsible for meeting all the establishment charges and making pension and leave salary contributions to Government in respect of such of those deputed employees of the Transport Department who were in pensionable services.