N NATARAJA PILLAI Vs. TAMIL NADU STATE TRANSPORT CORPORATION MADURI DIVISION III LTD REP BY ITS MANAGING DIRECTOR

JUDGEMENT

(1.) THIS Writ Petition has been filed praying to issue a Writ of Certiorarified Mandamus calling for the records of the proceedings of the first respondent in No.305/DVuB/VaThaAPoKa/2002 dated 19.06.2002 and quash the same and direct the respondent to take into account the period of service rendered by the petitioner before his medical invalidation and pass such orders.

(2.) THE petitioner originally appointed as conductor on 01.01.1974 on daily rated basis was regularised on 07.05.1974 and confirmed with the post of conductor on 01.05.1976. He was medically invalidated and thereafter, re-appointed as Record Clerk on 08.01.1987 and promoted as Junior Assistant on 02.03.1998 and he retired from service with effect from 31.05.2000 in the post of Junior Assistant. THE Provident Fund was deposited to his account continuously till retirement. He was getting pension till December 2001. A lawyer notice was issued for which, the impugned letter has been sent by the Managing Director and the pensionary benefits were stopped from the date of the lawyer notice, which resulted in passing the impugned order, by the Managing Director, on 19.06.2002, stating that since the employee is medically invalidated and subsequently appointed the period before medically invalidation would not be taken into account. THE subsequent appointment consequent to medical invalidation should be treated as fresh appointment and the pensionary benefits will be re-calculated on that. This order is under challenge. THE respondents have filed a counter justifying the order primarily relying on G.O.Ms.No.746 dated 02.07.1981.

(3.) THE Act specifically provides that if an employee acquires disability in the post in which he was holding, he could be shifted to some other post with protection on pay scale and service benefits. In view of the specific provisions of the Act, the G.O., will have no force in law. THE respondent act in treating it as fresh appointment is contrary to Section 47 of the Act. Hence, the impugned proceedings is set aside and the petitioner is entitled to all consequential benefits within a period of six weeks from the date of receipt of a copy of this order. This writ petition is allowed as above. No costs.