S THIAGARAJAN; N VEERAPERUMAL; T KRISHNAN Vs. MANAGING DIRECTOR, THE TAMIL NADU STATE TRANSPORT CORPORATION, (KUMBAKONAM) LTD , EMPLOYEES PENSION FUND TRUST AND GENERAL MANAGER, TAMIL NADU STATE TRANSPORT CORPORATION, (KUMBAKONAM) LTD

JUDGEMENT

(1.) Since the common issues are involved in all these three Writ Petitions, they were heard together and they are disposed of by means of this Common Order.

(2.) The petitioners in all these three Writ Petitions were workmen in the Tamil Nadu State Transport Corporation, Kumbakonam Limited. All the three petitioners went on voluntary retirement prior to 01.09.1998. While in service, they were members of the Family Pension Scheme of 1971. On retiring from service, admittedly, they got the benefit of Family Pension Scheme of 1971.

(3.) Subsequently, the Government has issued G.O.Ms. No. 135, Transport (D) Department, dated 15.12.2000 introducing the Tamil Nadu State Transport Corporation Employees' Pension Fund Rules. According to the said rules, the Tamil Nadu State Transport Corporation Employees' Pension Fund was established. As per Rule 15, a member of the said fund shall be eligible either for superannuation pension or for voluntary retirement pension. Though the said Government Order was issued on 15.12.2000, the Rule was given effect to from 01.09.1998. As per Chapter 4 of the said Rules, in respect of the existing members of the Family Pension Scheme of 1971, and who were all in service as on 01.09.1998, the contribution paid to the Provident Fund Commissioner shall be refunded by the Commissioner to the fund and in the event of either retirement on attaining the age of superannuation, or on voluntary retirement, such members shall be eligible for monthly pension. In respect of the workmen, who retired between 01.09.1998 and 15.12.2000, and those who have got the benefit of pension under the Family Pension Scheme of 1971, in the event of the said employees repaying the said amount to the fund under the Rules, then, they will also be paid either retirement monthly pension or voluntary retirement monthly pension under the Rules.