S ETHENDRA BABU Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE prayer in the writ petition is to issue a Writ of Certiorarified Mandamus to call for the records of the first respondent in Letter No. 19287/d/99-8, dated 24. 9. 2002, quash the same and direct the respondent- Corporation herein to pay pension to the petitioners herein in accordance with the Government Order in G. O. 138, Transport (D) Department, dated 10. 5. 1999.

(2.) THE petitioners, who were all Officers, were working in various Transport Corporations in the managerial cadre. In the year 1992, the Transport Corporations introduced a Post Retirement Benefit Fund Scheme. As per that scheme, the employee has to contribute Rs. 50/- per month and the management would pay Rs. 1,000/- as their share. The scheme was made applicable only to the employees "workers" including the Supervisors. The Federation of Officers in the cadre of management of all the Transport Corporations made a representation to the first respondent to extend the said scheme also to the Officers. Considering the representation, G. O. Ms. No. 138, Transport, dt. 10. 5. 1999 was issued, extending the benefits to the managerial cadre, subject to the condition that Officers have to contribute Rs. 1000/- themselves apart from Rs. 50/- per month from 1. 9. 1992. This G. O. was made applicable to all Officers who were working since 1992, even though they retired on the date of issue of the said Government Order. The petitioners herein retired before the G. O. was issued. All the Corporations sent a letter to the Officers, demanding the contribution calculated as per the G. O. ; and it was paid by the petitioners. But, the Government did not pay pension, inspite of repeated requests. The respondents sent a letter, stating that the provisions of the Government Order is only prospective and it would apply for the Officers who retired on or after the date of the Government Order and not to the persons who retired before the Government Order was issued. Challenging the said letter, the present writ petition has been filed.

(3.) THE case of the respondents, as seen from the counter affidavit, is that the Tamil Nadu State Transport Corporation employees' Post Retirement Benefit Fund Scheme was introduced with effect from 1. 9. 1992; it was part of the Wage Settlement 1992; G. O. Ms. No. 138, Transport Department, dated 10. 5. 1999, extends the benefit of pension to the Officers in the managerial cadre, who were on the rolls of the Corporations on the date of the Government Order. The Scheme was the outcome of the Wage Settlement 1992 under Section 12 (3) of the Industrial Disputes Act, and as such Officers in managerial cadre were not eligible for the benefit under the Scheme as they were not parties to the settlement. Later on, on the representation made by the Officers, the Government passed the said G. O. . It applies only to the Officers in the managerial cadre, who were on the rolls of the Corporation on the date of the Order; the G. O. is only prospective. The petitioners have remitted the amount at their risk and the Corporation has not demanded contributions. The letter issued by the Corporation was without concurrence of the Government and the Administrator. It was due to mis-interpretation of the said G. O. , for which the respondents are not liable. It has also instructed various Corporations to refund the amount so paid erroneously. The said G. O. Ms. No. 138, dated 10. 5. 1999, reads as follows:-