R.DEIVASIGAMANI Vs. ADMINISTRATOR,TAMIL NADU STATE TRANSPORT

JUDGEMENT

(1.) PETITIONER seeks Writ of Certiorarified Mandamus to quash the impugned order of

(2.) ND Respondent in Letter No.220/8548/ PF.4/TNSTC (V.D -2) dated 22.9.2003 and direct the 1st Respondent to pay pension to the Petitioner. 2. Brief facts are that Petitioner joined the service of the 2nd Respondent -Tamil Nadu State Transport Corporation (Vellore) Limited [TNSTC] as Conductor in 1977 and his service was confirmed in 1979. Case of Petitioner is that since he met with an accident in 1989 and lost his left leg, he was referred to the Medical Board and invalidated from service. According to Petitioner, he made a representation to the Management for alternate employment. By the order of 2nd Respondent dated 5.10.1991, Petitioner was appointed as Helper as a fresh entrant and accordingly, he joined the service on 23.10.1991. Further case of Petitioner is that various pension schemes have been introduced in the Respondents' Corporation and in 1995, Employees Pension Scheme was introduced and the employees of the 2nd Respondent became members of Employees' Pension Scheme. Petitioner attained the age of superannuation on 30.6.2002 and he was settled gratuity and provident fund amounts. However, 2nd Respondent has failed to pay pension to the Petitioner. Thereafter, Petitioner has made a representation on 6.8.2003 to the Chief Minister by marking copy to the 2nd Respondent. Stating that Petitioner had served less than 10 years i.e. 9 years 11 months and 7 days and as such he is not eligible to get pension, the 2nd Respondent passed the impugned order dated 22.9.2003 which is challenged in this Writ Petition. Petitioner has also issued lawyer notice on

(3.) HEARD Mr. ST. Varadarajulu, learned counsel appearing for Petitioner, Mr. R. Singaravelan, learned counsel for 1st Respondent and also Mr. G. Muniratnam, learned counsel appearing for 2nd Respondent.