M. YOKARAJ Vs. SECRETARY TO GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) The petitioner has filed this writ petition seeking issuance of Writ of Certiorarified Mandamus calling for the records of the first respondent relating to Rule 10 (a) (iv) of the Tamil Nadu State Transport Employees Pension Fund Rules as published in G.O.Ms. No. 135, Transport (D) Department, dated 15.12.2000 and to quash the same and to consequently direct the respondents 2 and 3 to sanction pension to the petitioner from 01.05.2007 subject to the condition of adjusting the non refundable loan of Rs. 39,100.00 adjusted in his commuted value of pension.

(2.) The case of the petitioner that he is working as Driver in the respondent Transport Corporation and during the year 1994, he applied for non refundable loan from the employer share in the E.P.F. Account and was paid Rs. 39,100.00 in the normal course which would be adjusted in the final payment of provident fund amount at the credit of the employee at the time of retirement. No interest is being charged for the non refundable amount, because the employee will automatically lose the interest that could be earned by the loan amount if it was not withdrawn.

(3.) It is the further case of the petitioner that consequent to the demand by the unions of all Transport Corporations, the Government decided to introduce a pension scheme from 01.09.1998 and accordingly a Scheme was formulated in the name of 'Tamil Nadu State Transport Employees Pension Fund Rules' and the Government issued G.O.Ms. No. 135, Transport (D) Department, dated 15.12.2000 and approved the said Rules, which came into operation from 01.09.1998. As per the condition relating to these non refundable loans, the employees are liable to pay it only by adjustment in their final settlement of provident fund amount without any interest.