GOVERNMENT OF TAMIL NADU Vs. M ANANCHU ASARI

JUDGEMENT

(1.) In order to extend the benefit of pension to the Government servants absorbed in the State Road Transport corporations, the crucial date for. granting/calculating pensionary benefits was specified as 1-5-1975/15-9-1975. The entitlement to pensionary benefits arises if they had completed ten years of qualifying Government service as on that day. The validity of fixation of cut-off date as 1-5-1975/15-9- 1975 came up for consideration before the High Court of Madrs. The High court declared the fixation of the date aforementioned as illegal and arbitrary and directed the Government to fix the cut-off date afresh, while indicating that the date on which the options were finally called for i. e. 20-6-1982 would be an appropriate dare for determining the eligibility for pension. On appeal to this Court, the judgment of the High Court was substantially confirmed. This Court negatived the plea of the appellants that the process of absorption took place in the year 1975 itself. This Court instead of remitting the matter again to the Government for fixing the appropriate cut-off date and to avoid further delay, directed that the cut-off date shall be fixed as 1-4-1982 in modification of what was prescribed in G. O. No. 1028, dated 23-9-1985 etc. and g. O No. 250, dated 18-01-1996. This Court held thus :

(2.) Now the Government of Tamil Nadu has filed this review/clarification petition. The contention in the said petition is as follows :

(3.) Certain contentions are raised on the merits, especially, in regard to the conclusion of this Court that the process of absorption did not take place in 1975. We are not inclined to re-hear the arguments on merits. If the petitioners failed to furnish the necessary material even during the pendency of appeal in this Court, that is no ground to review the judgment. There is also nothing to be clarified insofar as the operative part of the judgment is concerned. It is not necessary for us to express any view on the question whether the Transport Corporation employees who were erstwhile Government servants retiring after 1-1-1988 would be eligible to get the pension in addition to the salary drawn by them in the Corporation, as per the Rules and G. Os. applicable to them. It is the contention of the learned counsel for the respondent employees that the G. Os. issued by the Government themselves contemplated such payment and in fact those who were parties to the earlier writ petitions were given that benefit. This issue cannot legitimately form the subject-matter of either review or clarification. Hence the review petitions are dismissed with the above observations. Time for implementation of judgment is extended by four months from today.