S VISWANATHAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner was selected in the Competitive Examination conducted by the Tamil Nadu Public Service Commission for the post of Junior Assistant in the Ministerial Service in the Transport Department of Tamil Nadu Government in 1971. Though the Transport Department issued an order dated 31.12.1971 appointing him as Junior Assistant, by an order dated 06.03.1972 he was sent on deputation to work as a Junior Assistant in the Adyar Depot of the then Pallavan Transport Corporation, that was running passenger services in Chennai.

(2.) THE Transport Department of the Tamil Nadu Government operated passenger services all over Tamil Nadu, including Chennai. Later, various Transport Corporations were formed during 1972 and those Corporations run the passenger services thereafter. Those Corporations are Companies registered under the Companies Act. THE workmen employed by the Tamil Nadu State Transport Department were sent on deputation to work in various Transport Corporations.

(3.) THE Government of Tamil Nadu filed a review petition, which was dismissed on 01.02.2005, by the Honourable Apex Court, vide judgment in GOVERNMENT OF TAMIL NADU AND OTHERS VS. M.ANANCHU ASARI AND OTHERS reported in 2005 (2) SCC 332. THEreafter, the Government passed an order in G.O.Ms.No.42, Transport (RW) Department, dated 27.05.2005 duly fixing the cut off date as 01.04.1982 and extending the pensionary benefits to the eligible employees, who retired prior to 01.01.1988 or after 01.01.1988 but before 01.09.1998, with effect from 01.01.1988. Pension is payable, if an employee of the Transport Department rendered 10 years of service as on 01.04.1982.