Government of Tamil Nadu & Ors Vs. M. Ananchu Asari & Ors  Insc
70 (1 February 2005)
Reddi & P.P. Naolekar
PETITION(C)NOS.648-649 OF 2004 IN CIVIL APPEAL NOs. 1444-1445 OF 1999 P.
VENKATARAMA REDDI, J.
order to extend the benefit of pension to the Government servants absorbed in
the State Road Transport Corporations, the crucial date for
granting/calculating pensionary benefits was specified as 01.05.1975/15.9.1975.
entitlement to pensionary benefits arises if they had completed ten years of
qualifying government service as on that day. The validity of fixation of
cut-off date as 1.5.1975/ 15.9.1975 came up for consideration before the High
Court of Madras. The High Court declared the fixation of the date aforementioned
as illegal and arbitrary and directed the Government to fix the cut-off date
afresh, while indicating that the date on which the options were finally called
for i.e. 20.6.1982 would be an appropriate date for determining the eligibility
for pension. On appeal to this Court, the Judgment of the High Court was
substantially confirmed. This Court negatived the plea of the appellants that
the process of absorption took place in the year 1975 itself. This Court,
instead of remitting the matter again to the Government for fixing the
appropriate cut-off date and to avoid further delay, directed that the cut-off
date shall be fixed as 1.4.1982 in modification of what was prescribed in G.O.No.
1028 dated 23.9.1985 etc., and G.O.No. 250 dated 18.01.1996. This Court held
the fixation of cut-off date as 1.4.1982 would, in our view, be appropriate.
Taking into account the aforementioned date for the purpose of assessing the
requisite length of service, we direct the appellants to take steps to extend the
pensionary benefits to the eligible employees.
regard to the conduct of the respondents in seeking the remedy long after the
options were exercised, we consider it just and proper to direct that the
respondent-employees whoever have retired should get the arrears of pension
only from 1.1.1988 which date is fixed with reference to the year of filing the
first writ petition namely W.P.No. 7012 of 1988. The fixation of pension and
payment of arrears should be done accordingly within a period of four months
from today. The appellants are entitled to adjust the monetary benefits which
the employees would not have received if they were to receive the
pension." Now the Government of Tamil nadu has filed this
review/clarification petition. The contention in the said petition is as
is submitted that the respondent-employees whoever have retired should get the
pension arrears only from 1.1.1988 by which this Hon'ble Court has passed an
order that the cut-off date is 1.4.1982 and the pensionary benefit from
1.1.1988 for the retired employees. The petitioner most respectfully accepts
the said judgment, but for the remaining employees whoever have retired on or
after 1.1.1988 should be eligible for pension on the date of actual retirement
on attaining the age of superannuation." Certain contentions are raised on
the merits, especially, in regard to the conclusion of this Court that the
process of absorption did not take place in 1975. We are not inclined to rehear
the arguments on merits. If the petitioners failed to furnish the necessary
material even during the pendency of appeal in this Court, that is no ground to
review the judgment. There is also nothing to be clarified insofar as the
operative part of the judgment is concerned. It is not necessary for us to
express any view on the question whether the Transport Corporation employees
who were erstwhile Government servants retiring after 1.1.1988 would be
eligible to get the pension in addition to the salary drawn by them in the
Corporation, as per the Rules and G.Os. applicable to them. It is the
contention of the learned counsel for the respondent-employees that the G.Os. issued
by the Government themselves contemplated such payment and in fact those who
were parties to the earlier writ petitions were given that benefit. This issue
cannot legitimately form the subject matter of either review or clarification.
Hence the Review Petitions are dismissed with the above observations. Time for
implementation of judgment is extended by four months from today.
Nos. 3 and 4 for impleadment are unnecessary.
same are dismissed.