P.S. SUNDARAVADIVELU Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) CHALLENGE in this intra -court appeal is to the order dated 05.12.2013 made in W.P.No.21105 of 2008, wherein and whereunder, the writ petition seeking direction to the first respondent to sanction pension for the Government service put in by the petitioner between 01.07.1969 and 01.04.1982 and further to pay arrears of pension from 01.01.1988, was rejected.

(2.) THE facts in nutshell as projected by the petitioner before the writ court are that the petitioner joined the services of Heavy Vehicle driver in the Civil Supplies Department of the Government of Tamil Nadu on 1.7.1969. The same was confirmed by order dated 23.10.1971. Thereafter, on deputation, the petitioner was sent to the Pallavan Transport Corporation Limited on 14.2.1972. By G.O.Ms.No.1028 dated 23.09.1985, the petitioner was granted gratuity in the year 1986 for the government services rendered by him. Pursuant to the scheme for permanent absorption in the said transport corporation, as per the provisions of G.O.Ms.No.378 dated 18.04.1975, the petitioner opted for the same. According to him, he was absorbed as an employee of the said Corporation with effect from 01.05.1975. Continuing in the same position, the petitioner sought voluntary retirement on 31.4.1996 under voluntary retirement scheme.

(3.) THE Supreme Court, in the matter of The Government of Tamilnadu and others Vs. M.Ananchu Asari and others [Civil Appeal Nos.1444 -1445 of 1999] and other connected civil appeal, vide judgment dated 29.10.2003 directed the cut off date as 01.04.1982 in modification of the date as prescribed in G.O.Ms.No.1028 dated 23.09.1985 and G.O.Ms.No.250 dated 18.11.1996.