SEKAR REPORTER

Court News from Madras High Court

Transport pension case full order of MR.JUSTICE C.SARAVANAN W. P.Nos.21348, 35085 of 2019 For Petitioner in W.P.No.21348/2019 : Mr.A.R.L.Sundaresan, Senior Counsel for Mr.J.James For Petitioner in W.P.No.12730 /2019 : Mr.V.Ajoy Khose For Petitioner in W.P.No.35085/2019 : Mr.S.T.Varadarajalu For Petitioner in W.P.Nos.15566, 22409/2021 : Mr.D.Soundar Raj For Petitioner in W.P.Nos.22466, 22470 & : Mr.P.Paramasivadoss 22472/2021 — For State : Mr.L.S.M.Hasan Fizal, Government Advocate For Transport : Mr.G.Saravanakumar Standing Counsel C O M M O N O R D E R

by ·

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved On 26.10.2021
Pronounced On 22.04.2022
CORAM

THE HON’BLE MR.JUSTICE C.SARAVANAN
W. P.Nos.21348, 12730 & 35085 of 2019 and W.P.Nos.15566, 22409, 22466,
22470 & 22472 of 2021 and
W.M.P.Nos.16489, 23653, 23654 of 2021 and W.M.P.No.20638 of 2019
(Through Video Conferencing)
W.P.No.21348 of 2019
Federation of Retired Officers of
Transport Corporations,
Represented by its President
Mr.S.Renganathan,
127, Kottur Manor, Door No.12,
Fourth Main Road Extension,
Kottur Garden,
Chennai – 600 085. … Petitioner
Vs.
1.Chief Secretary to Government,
Government of Tamil Nadu,
Fort St. George,
Chennai – 600 009.
2.The Principal Secretary to Government,
Transport Department,
Government of Tamil Nadu,
Fort St. George, Chennai – 600 009.
3.The Principal Secretary to Government,
Finance Department,
Government of Tamil Nadu,
Fort St. George, Chennai – 600 009.
4.The Deputy Secretary to Government,
Transport Department,
Government of Tamil Nadu,
Fort St.George, Chennai – 600 009
and
Ex-Officio Chairman,
Tamil Nadu State Transport Corporation,
Employees’ Pension Fund Trust. … Respondents
Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, to direct the first to fourth respondents to provide adequate funds to Tamil Nadu State Transport Corporation Employees Pension Fund Trust, and to implement of the revision of payment of pension to the members of the Petitioner Federation who retired between 01.09.1998 and 31.12.2015 based on the recommendation of Seventh Central Pay Commission with a multiplying factor of 2.57 as per G.O. (Ms) No.313, Finance (Pay Cell) Department, dated 25.10.2017 and G.O. (Ms) No.333, Finance (BPE) Department, dated 09.11.2017 with arrears and interest and continue to pay the revised pension without any interruption.
====
For Petitioner in W.P.No.21348/2019 : Mr.A.R.L.Sundaresan, Senior Counsel for Mr.J.James
For Petitioner in W.P.No.12730 /2019 : Mr.V.Ajoy Khose
For Petitioner in W.P.No.35085/2019 : Mr.S.T.Varadarajalu
For Petitioner in
W.P.Nos.15566,
22409/2021 : Mr.D.Soundar Raj
For Petitioner in
W.P.Nos.22466,
22470 & : Mr.P.Paramasivadoss
22472/2021 —
For State : Mr.L.S.M.Hasan Fizal,
Government Advocate
For Transport : Mr.G.Saravanakumar
Standing Counsel
C O M M O N O R D E R
By this common order, all these Writ Petitions are being disposed.
2. Broadly, three categories of retired employees from various State Transport Undertakings (STUs), who retired at different point of time, have filed these Writ Petitions either by themselves or through their associations and federations.
3. In these writ petitions, these petitioners seek implementation of the recommendation of the VII Central Pay Commission and for revision of their pension. Following Table captures the status of the respective petitioners:Table No.1
Sl.
No. W.P.Nos. Designation Date / Period of Retirement
1 21348 of 2019 Managerial Cadre Officers Between
01.09.1998-
31.03.2018
2A 12730
&35085/2019 Administrative and Technical Supervisory Staff Prior to
01.01.2016
2B 15566 &
22409/2021
3 22466, 22470 &
22472/2021 Superintendent Prior to
01.01.2016
4. W.P.No.21348 of 2019 [Sl.No.1 in Table No.1], has been filed for the following reliefs:-
“For issuance of a writ of Mandamus, to direct the first to fourth respondents to provide adequate funds to Tamil Nadu State Transport Corporation Employees Pension Fund Trust and to implement of the revision of payment of pension to the members of petitioner Federation who retired between 01.09.1998 and 31.03.2015 based on the recommendation of Seventh Central Pay Commission with a multiplying factor of 2.57 as Per G.O.(MS).No.313 Finance Pay Cell department dated 25.10.2017 and
G.O.(MS).No.333 Finance (BPE) Department dated 09.11.2017 with arrears and interest and continue to pay the revised pension without any interruption.”
5. The above W.P.No.21348 of 2019 has been filed by a
Federation. The petitioner Federation represents the interests of retired the
“Managerial Cadre Staffs” of various State Transport Undertakings (STUs) who retired between 01.09.1998 and 31.03.2018. The writ petition canvases interest of about 925 retired Managerial Cadre Staffs from 8 STUs in Tamil Nadu.
6. These petitioners had earlier filed Writ Petitions in W.P.Nos.10867 and 11572 of 2013. These Writ Petitions were filed for the following relief:-
Table No.2
W.P.No.10867 of 2013 W.P.No.11572 of 2013
For issuance of a Writ of
Certiorarified Mandamus, to call for the records relating to the order No.44/P2/TNSTC/EPFT/2012-818, dated 26.10.2012 issued by the respondent and quash the same and consequently direct the respondent to implement the revised pension extended to existing pre-2006 pensioners as ordered in G.O.Ms.No. 235, Finance (Pay Cell) Department, dated 01.06.2009 and Letter (Ms) No.194, Transport (D) Department, dated 11.08.2010 issued by the Government of Tamil Nadu and forthwith pay the revised pension payable to the petitioners in terms of those Governmental Orders with all attendant benefits and accumulated arrears arising therein with interest. For issuance of a Writ of Mandamus, to direct the respondent to implement the revised pension extended to existing pre-2006 pensioners as ordered in G.O.Ms.No. 235, Finance (Pay Cell) Department, dated 01.06.2009 and Letter (Ms) No.194, Transport (D) Department, dated 11.08.2010 issued by the Government of Tamil Nadu and forthwith pay the revised pension payable to the petitioners in terms of those Governmental Orders with all attendant benefits and accumulated arrears arising therein with interest.
7. This Court by its common order dated 18.11.2013, disposed
W.P.Nos.10867 & 11572 of 2013. Writ Appeals came to be filed by the Board of Trustee of Tamil Nadu State Transport Corporation Employees Pension Fund Trust, before the Division Bench of this Court in W.A.Nos.399 and 400 of 2014.
8. The Division Bench of this Court, by its Common Judgment dated 05.08.2014, dismissed the said appeal. Further, S.L.P.Nos.27607 & 27608 of 2014 filed before the Hon’ble Supreme Court against the above order dated 05.08.2014 in W.A.Nos.399 & 400 of 2014, were also
dismissed on 31.10.2014. I shall refer to these orders in the course of this order later.
9. W.P.Nos.12730 & 35085 of 2019 and W.P.Nos.15566 & 22409 of 2021 have been filed by “Technical and Administrative Supervisory Staff” of State Transport Undertaking who also retired prior to 01.01.2016.
10. W.P.Nos.12730 & 35085 of 2019 have been filed for the
following reliefs:-
Table No.3
W.P.Nos. Prayer
12730 of 2019 For issuance of a writ of Mandamus, to direct the first respondent to issue an order for revision of pension for the retirees belonging to technical supervisory staffs and administrative supervisory staffs and the employees belonging to Asst.Manager Cadre as per the G.O.Ms.No.313, dated 25.10.2017 and G.O.Ms.No.333, dated 09.11.2017 who retired prior to 01.01.2016 also, in addition to the proposal already sent for the retirees belonging to the same category who retired between 01.01.2016 and 31.03.2018 and all the respondents to revise the monthly pension and other allowances to the members of our Association, including the second petitioner who have retired prior to 01.01.2016 as per G.O.Ms.No.313, dated 25.10.2017 and G.O.Ms.No.333 dated 09.11.2017 and also who have retired in between 01.01.2016 and
31.03.2018, as per G.O.Ms.No.303, Finance (PayCell) Department, dated 11.10.2017 and G.O.Ms.No.134, Transport (D) Department dated
09.04.2018 and as per Circular in Letter
No.23.1/P2/TNSTC EPFT/2018-2173 dated
09.05.2018, w.e.f. 01.01.2016 or from the date of actual retirement, Award Costs
35085 of 2019 Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, to direct the first respondent to issue order to the second respondent to revise the pension/family pension for the petitioners, as they retired before 01.01.2016, as per G.O.(Ms).No.313 dated 25.10.2017, G.O.(Ms).No.333 dated 09.11.2017, G.O.(Ms).No.134 Transport (D)
Department dated 09.04.2018 and 2nd respondent
W.P.Nos. Prayer
Circular No.23/P2/TNSTC EPFT/2018-2173 dated 09.05.2018.
11. W.P.Nos. 12730 and 35018 of 2019 have also been filed by “Technical Supervisory Staff and Administrative Staffs” belonging to the Assistant Manager Cadre who have retired prior to 01.01.2016. These Writ Petitions have been filed to direct the first respondent to issue an order for revision of their pension.
12. W.P.No.15566 of 2021 has been filed for the following reliefs:-
Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus calling for the records of the fourth respondent herein in his impugned
Letter in Lr.No.8885t – 2021/12/TNSTCEPFT/2021-70 (1095) dated 09.06.2021 and quash the same and consequently direct the second and third respondents herein to direct the fourth respondent herein to revise the pension/family pension on par with the employees retired after 01.01.2016 and to revise the Dearness Allowance on par with the employees serving at present to the 23 retired members of the petitioner Association as per the members list enclosed herewith, retired from 6th respondent corporation herein and also to the second petitioner herein retired from fifth respondent corporation herein, who retired before 01.01.2016, on par with the employees retired after 01.01.2016 from fifth and sixth respondent

corporation herein as per the Seventh Pay Commission recommendation.
13. By the impugned Letter in Lr.No.8885t – 2021/12/TNSTCEPFT/2021-70 (1095) dated 09.06.2021, the fourth respondent in
W.P.No.15566 of 2021 namely, Tamil Nadu State Transport Corporation Employees’ Pension Fund Trust has rejected the request of the petitioner with the following observations:-
Table No.4
Tamil English
Nkw;gb muR Mizapd;gb
Xa;t+jpajhuHfSf;F Xa;t+jpak; khww;k; nra;J nrg;lk;gH-2019 khjk; Kjy;
eilKiwg;gLj;jg;gl;L caHj;jg;gl;l (Revised Pension)
Xa;t+jpak; toq;fg;gl;L tUfpwJ.
NkYk;> gzpapy; cs;s gzpahsHfSf;F Cjpa xgg;e;jk; / Cjpaf;FO ghpe;Jiuapd; gb Cjpak; cah;j;jg;gl;L toq;fg;gLk; NghJ mNjNghy; Xa;t+jpak; ngw;WtUk;
Xa;t+jpajhuHfSf;F Xa;t+jpak; kw;Wk; mftpiygb khw;wk; nraJ; toq;FtJ FwpjJ; jkpo;ehLmuR Nghf;Ftuj;Jf; fof CopaHfs; Xa;t+jpa epjp tpjpfspy; toptifapy;iy vd;gjhy; jq;fsJ Nfhhpf;ifapid eilKiwg;gLj;jpl ,ayhJ.
NkYk; jw;NghJ jkpo;ehL muR
Nghf;Ftuj;Jf; fof CopaHfs; Xa;t+jpa epjp nghWg;ghl;rpapy; As per the above Government Order, the pension has been changed and the increased pension has been
implemented with effect from September-2019. Further, the Tamil
Nadu State Transport Corporation (TSTC) Employees Pension Fund Trust is unable to implement their

request as there is no provision in the pension fund rules regarding the pension / pay recommendation for the existing employees to be increased.

In addition, at present, the Tamil
Nadu State Transport Corporation
(TSTC) employees’ pension fund liabilities are being paid to the students

Tamil English
Xa;t+jpak; toq;Ftjw;Nf epjp Mjhuk; ,y;yhky; murplkpUeJ; Nghf;Ftuj;Jf; fofj;jpw;F toq;fg;gLk; khztHfSf;F ,ytr gazf;fl;lzj;jpw;fhd khdpak; kw;Wk; epjp gww;hf;Fiwf;F Nghf;Ftuj;Jf; fofq;fs; tq;fpfsplkpUeJ; fld; ngw;W toq;Fk; njhifapid nfhz;L jhd; Xa;t+jpak; toq;fg;gl;L tUfpwJ.
epjp nghWg;ghl;rpapy; epjp %yjdk; VJk; ,y;iy. NkYk; tUq;fhy itg;G epjp epHthf gq;F njhifiatpl $Ljyhf
Xa;t+jpak; toq;fg;gl;L tUtjhy; Nghf;Ftuj;Jf; foq;fSf;F toq;f Ntz;ba khztHfSf;F ,ytr
gazf;fl;lzj;jpw;fhd khdpaj;jpid xa;t+jpaj;jpw;F Ntz;b> muR khdpaj;jpid Xa;t+jpaj;jpw;F Ntz;b> muR khdpaj;jpid Xa;t+jpa epjp nghWg;ghl;rpf;F toq;fp tUfpwJ. NkYk; 31.03.2020 fhg;gPl;lhsH (Actuary Valuation) rhd;W gb
&.24>623.80 gw;whf;Fiw cs;sJ vd rhdw;spjj;hH. ,t;thuhd
#o;epiyapy; gpujp khjk; 5-k; Njjp Xa;t+jpak; toq;fg;gl;L tUfpwJ vd;gij ,jd; %yk; njuptpjJ;f; nfhs;sg;gLfpwJ. who are being provided to the Transport Corporation by the
Government without any financial

source, and the pension is being paid with the loan amount provided by the Transport Corporation Banks for the free cash subsidy and the shortage of

funds.
There is no financial capital in financial responsibility. The government has also been providing a subsidy to the Pension Fund Liability, in lieu of a provision for pensions to be paid to transport corporations as the

provident fund is providing pensions in excess of the administrative share. 31.03.2020 The Insurer (Actuary
Valuation) has certified that there is a

deficit of Rs.24,623.80. In this situation, it is informed that the pension is being paid on the 5th of every month.

14. W.P.No.22409 of 2021 has been filed for the following reliefs:-
Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus calling for the records of the fifth respondent herein in his impugned reply
in Lr.No.1739-2019/Law -2
/Tha.A.Poo.Ka.Pa.O.Ne.Poo / 2020 dated 04.08.2021 and quash the same and consequently direct the fifth respondent herein to revise the pension of the petitioners herein on par with the pensioners retired after 01.01.2016 and consequently pay the arrears of pension in light of the G.O.(Ms).No.313 Finance (Pay Cell) Department dated 25.10.2017 and Rule 2(W) 20-A and 21(a) of the Tamil Nadu State Transport Corporation Employees Pension Fund Rules and in the light of the orders passed by the Division Bench of this Hon’ble Court in W.A.Nos.399 and 400 of 2014 dated 05.08.2014, in the similar cases, as confirmed by the Hon’ble Supreme Court of India in Civil Appeal No.10857 of 2016 on 11.07.2019.
15. By the impugned reply dated 04.08.2021 bearing reference Lr.No.1739-2019/Law -2/Tha.A.Poo.Ka.Pa.O.Ne.Poo / 2020, the fifth respondent in W.P.No.22409 of 2021 has rejected the request of the petitioners with the following observations:-
Table No.4
Tamil English
jq;fshy; nrd;id caHePjpkd;wjj;py; jhf;f nra;ag;gl;l ghHit 1y; fz;Lss; upl; tof;fpy; muR Miz vz;.313> ehs;:25.10.2017> muR Miz According to the Writ Petition filed before the Hon’ble High Court it is mentioned as Government Order No:
313, Date: 25.10.2017, Government

Tamil English
vz;.333> ehs;:09.11.2017 kw;Wk; muR Miz vz;:134>
Nghf;Ftuj;J (b) Jiw> ehs;:09.04.2018-d;gb 7tJ Cjpaf;FO ghpe;Jiuapd;gb
Xa;+t+jpak; khw;wk; nraJ; toq;fpl NfhhpAs;sj;jpy; caHePjpkd;wk; fPo;fz;lthW Mizapl;Lss; J.
“…. Accordingly, the writ petition stands disposed of with a direction, directing the respondents 3 and 4 to consider the petitioners’ representations submitted on various dates seeking revision of pension as per the Recommendations of the VII Pay Commission and pass appropriate orders on merits and in accordance with law in the light of the judicial precedents relied on by the petitioners, within a period of twelve weeks from the date of receipt of a copy of this order and communicate the decision to the petitioners. ”
jq;fsJ 24.04.2021 Njjpapl;l kD ed;F ghprPypf;fg;gl;lJ. MuR Miz vz;:134> ehs;:09.04.2018> Nghf;Ftuj;Jf; fofjj;py; gzpapy; cs;s gzpahsHfSf;F kl;Lk; 7tJ Cjpaf;F gupe;Jiuapid eilKiwg;gLj;jpl
Mizapl;Lss; J. mjd;gb muR Miz vz;: 134I me;je;j Order No: 333, Date: 09.11.2017 and Government Order No: 134 as per Department of Transport (D) Date:
09.04.2018 As per the recommendation of the 7th Pay
Commission. The High Court has directed as mentioned below ;
“…. Accordingly, the writ petition stands disposed of with a direction, directing the respondents 3 and 4 to consider the petitioners’ representations submitted on various dates seeking revision of pension as per the Recommendations of the VII Pay Commission and pass appropriate orders on merits and in accordance with law in the light of the judicial precedents relied on by the petitioners, within a period of twelve weeks from the date of receipt of a copy of this order and communicate the decision to the petitioners. ”
Their petition dated 24.04.2021 was well considered. Government Order No: 134, dated: 09.04.2018, has

directed to implement the recommendation for 7th pay only for the employees working in the
Transport Corporation. Accordingly,
Government Order No. 134 approved
by the Board of the respective
Tamil English
Nghf;Ftuj;Jf; fof thhpaf;FOtpy; xg;Gjy; ngw;Ws;sJ Xa;t+jpajhuHfSf;F nghUe;jhJ.
NkYk; muR Miz vz;:142> ehs;:26.10.2019-d;gb chpa eltbf;if vLjJ; jFjpAila Xa;t+jpajhuHfSf;F Xa;t+jpak; khww;k; nra;J nrg;lk;gH-2019 Kjy; toq;fg;gl;L tUfpwJ. jhq;fs; midtUk; 01.01.2016f;F Kd;dNu Xa;T ngw;wjhy; 7tJ Cjpaf;FO ghpe;Jiuapd;gb jq;fSf;F Xa;t+jpak; khww;k; nra;J toq;fpl toptifapy;iy vd;gij njhptpjJ;f; nfhs;sg;gLfpwJ. Transport Corporation does not apply to pensioners.

Further, as per Government Order
No: 142, dated: 26.08.2019, pensions have been transferred to eligible pensioners from September 2019

onwards. As all of them have retired before 01.01.2016, they are informed that there is no way to change their pensions as per the recommendation of

the 7th Pay Commission.

16. W.P.Nos.22466, 22470 & 22472 of 2021, have been filed by the retired “Superintendents” of State Transport Undertaking who retired after to 01.01.2016. The petitioners retired from services on the following dates:-
Table No.5
Sl.
No. W.No. Name Date of Retirement
1 22466 of 2021 Akkameni Devi 31.05.2017
2 22470 of 2021 P.N.Umamehesh-wari 30.06.2017
3 22472 of 2021 D.Dhavaselvi 28.02.2018
17. The petitioners in the above mentioned Writ Petition seek for the following reliefs:-
Table No.6
W.P.Nos. Prayer
22466 of 2021 Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the respondents to implement the benefits of G.O.Ms.No.134 Transport (D) department dated 09.04.2018, G.O.Ms.No.313 Finance (Pension) Department dated
25.10.2017 and also to implement G.O.Ms.No.142 Transport (E) department dated 11.04.2018, by revising the pay scales of the petitioner by adopting the factor multiplier of 2.57 enumerated in the above Government orders and to enhance the rate of pay scale and recalculate the terminal benefits and pension paid and which were passed in pursuance to the recommendation of the 7th Pay
Commission and to direct the respondents to pay the arrears of pension, differential terminal benefits from the date of retirement which would be appropriate along with the interest at the rate of 18% per annum.
22470 of 2021
22472 of 2021
18. The common grievance of these petitioners in W.P.Nos.22466,
22470 & 22472 of 2021 is that the benefits of G.O.Ms.No.134, Transport
Department, dated 09.04.2018, G.O.Ms.No.313, Finance [Pension] Department, dated 25.10.2017 and G.O.Ms.No.142, Transport (E) Department, dated 11.04.2018 were not implemented for revising the pension of these petitioners by adopting the multiple factor of 2.57
enumerated in the Government Orders to enhance pay scale and to re-calculate the terminal benefits and pension which were implemented pursuant to the recommendation of the VII Pay Commission and to pay the arrears together with interest at 18% per annum.
19. For understanding the scope of the dispute in these Writ petitions, it will be useful to refer to a brief history of the Transport services of the respondent State Transport Undertakings.
20. The Government of Tamil Nadu operated buses through the Tamil Nadu State Transport Department till 1975. All the staffs and workers of the Tamil Nadu State Transport Department were then the Government Employees.
21. After 1975, the Tamil Nadu State Transport Department was wound up. The Government created separate State Transport Corporations for the operation of buses from 01.05.1975.
22. Prior to 01.04.1978, the Pay scales and allowances of various employees of State Transport Undertakings (STUs) were not uniform in equal posts. Therefore, the Government of Tamil Nadu issued G.O.(Ms).No.767, dated 03.07.1980 and adopted the pay scale equivalent to Government Employees as per the Third Tamil Nadu Pay Commission in G.O.Ms.No.1050, dated 05.10.1978 with effect from 01.04.1978 for the Managerial Cadre Officers.
23. Before 1995, Employees of STUs were eligible for the pension under Employees Family Pension Scheme, 1971. Later Employees’ Pension Scheme 1995 notified under the EPF Act and was implemented and extended to all the Transport Employees with effect from 16.11.1995.
24. Later, the Tamil Nadu State Transport Corporation Pension Fund was formulated for the benefit of the Employees with effect from
01.09.1998 as per Wage Settlement of 1998.
25. With effect from 01.09.1998 vide G.O.(Ms) No.157, Labourand Employment Department, dated 27.09.2000, the Government of Tamil Nadu excluded the Tamil Nadu State Transport Undertakings from the purview of Employees Provident Fund and Miscellaneous Provisions Act, 1952.
26. In lieu of the Employees’ Pension Scheme, 1995, a separate and independent pension scheme, namely Tamil Nadu State Transport Corporation Employees’ Pension Scheme was introduced and
implemented with effect from 01.09.1998.
27. All the employees belonging to all categories and cadres have been getting pension under the above Tamil Nadu State Transport Corporation Employees’ Pension Scheme on and from 01.09.1998.
28. A new pension scheme under Section 12(3) of the Industrial Disputes Act 1947 was worked out on 13.02.1999 for the “workman”. It was also extended to the Managerial Cadre Officers of STU.
29. Earlier, as per Paragraph No.18 of the Memorandum of Settlement dated 13.02.1999 signed under Section 12(3) of the Industrial
Dispute Act, 1947 between the representative of the Managements of the
State Transport Corporation and the Federation of the Central Trade Unions in the presence of the then Minister of Transport, a new pension scheme was framed for the employees of the Transport Corporation and the draft was to be sent to the Regional Provident Fund Commissioner for getting exemption. It also stated that Employees recruited after 01.09.1998, were to come under the new Pension Scheme.
30. As per Paragraph No.19 of the Scheme, the employees already on the rolls of the State Transport Undertaking as on 31.08.1998 had the option of joining the new pension scheme or continue to be a member of the existing Employees Contributory Provident Fund Scheme.
31. Pursuant to the said agreement, G.O.(Ms).No.135, dated
15.12.2000 was issued. Employees and pensioners of STUs of Tamil
Nadu were to come under Tamil Nadu State Transport Corporations
Employees Pension Fund Trust “TNSTC EPFT” w.e.f. 01.09.1998.
32. The Trust Administrator implemented the orders of the Government Letters and extended the revision of pension of pensioners who retired after 2006. However, it was not extended to pensioners who retired prior to 2006, even though, both the above Letters were issued in August 2010.
33. The retired Managerial Cadre Employees were getting pension and gratuity as per the pay fixed in terms of the VI Tamil Nadu Pay Commission’s recommendations with effect from 01.01.2006. However, the Managerial Cadre Employees who retired prior to 01.01.2006 were not given the benefit of revised pension from 01.01.2006.
34. On 01.01.1996, the V Central Pay Commission came into effect. With effect from 01.09.1998, all the employees of STUs of Tamil Nadu were given salary on par with their counterparts in the State Government.
35. The Government of Tamil Nadu vide Government Letter
No.27762/D/99-8 Transport Department, dated 15.12.2000 directed the
State Express Transport Corporation and the Tamil Nadu State Transport Corporation as follows:-
“2 (b) – In respect of pensioners who were drawing State Government Scales and Dearness Allowances at the time of exit from service, the Dearness Allowances may be paid at the rates applicable to State Government Pensioners. Already, there is a clear provision in Rule 20-A of Tamil Nadu State Transport Corporation Employees’ Pension Fund Rules which states that in addition to basic pension, pensioners are eligible for nominal Dearness Allowances at the rates that may be determined by the Government of Tamil Nadu. The above system is followed without any deviation. The same system will be adopted in future also.”
36. The above letter was issued with the concurrence of the Finance Department vide its U.O.No.609/ADS (PK)/2000, dated 15.12.2000.
Later, the salaries were revised with the implementation of the Sixth Central Pay Commission with effect from 01.01.2006.
37. Details of various Pay Commissions and correspondent G.Os.
relevant for these cases are detailed below:-
Sl.
No Pay
Commission State
Government
Employees in
Service Managerial
Cadre Officers of STUs in
service Made
applicable to State
Government
Pensioners Made
applicable to Boards and
PSUs
Pensioners
1. Third Tamil G.O.(Ms)No.1 G.O.(Ms).No.767 – –

Sl.
No Pay
Commission State
Government
Employees in
Service Managerial
Cadre Officers of STUs in
service Made
applicable to State
Government
Pensioners Made
applicable to Boards and
PSUs
Pensioners
Nadu Pay
Commission 050
Finance Department dated 05.10.1978
(w.e.f.
01.04.1978) Transport
Department dated 03.07.1980.
(w.e.f.01.04.1978
)
3. Fifth Central
Pay
Commission G.O.(Ms).No.1
62 Finance
Department dated 13.04.1998
(w.e.f.01.01.19
96) G.O(Ms.)No.201
Transport
Department dated
16.10.1998
(w.e.f.01.01.1996
) – –
4. Sixth Central
Pay
Commission GO(Ms)No.23
4 Finance
Department dated
01.06.2009
w.e.f.
01.01.2006 GO(MS).No.63
Transport(D)
Department dated
05.02.2010 w.e.f.
01.01.2006 GO(Ms)No.2
35 Finance
(Pay Cell) Department dated
01.06.2009
w.e.f.
01.01.2006 GO(MS)No.
280 Finance
(BPE) Department dated
01.07.2009
w.e.f.
01.01.2006
GO(Ms)No.23
5 Finance (Pay
Cell)
Department dated
01.06.2009
w.e.f.
01.01.2006 Letter(MS)No.19
4
Transport(D)Dept dated 11.08.2010 w.e.f. 01.01.2006 for Pre-2006
Pensioners.
GO(Ms)No.2
35 Finance
(Pay Cell) Department dated
01.06.2009
w.e.f.
01.01.2006
Letter(Ms).No.2
06 Transport (D) Dept dated 25.08.2010
w.e.f.
01.01.2006 for Post-2006 pensioners.
Sl.
No Pay
Commission State
Government
Employees in
Service Managerial
Cadre Officers of STUs in
service Made
applicable to State
Government
Pensioners Made
applicable to Boards and
PSUs
Pensioners
5. 7th Central
Pay
Commission G.O.(Ms).No.
303 Finance Department dated
11.10.2017
w.e.f.
01.01.2016 G.O.(Ms). No.134
Transport Department dated
09.04.2018
w.e.f.
01.01.2016 G.O.Ms.No.
313 Finance Department dated
25.10.2017
w.e.f.
01.01.2016 G.O.Ms.No.
333 Finance Department dated
09.11.2017
w.e.f.
01.01.2016
G.O. (Ms) No.142,
Transport
(E)
Department, dated
26.08.2019
38. G.O.Ms.No.234, Finance (Pay Cell) Department, dated 01.06.2006 was issued for recommendation of the Official Committee on revision of scales of pay and allowances etc.
39. Meanwhile, G.O.Ms.No.142, Transport (C1) Department, dated 21.08.2008 was issued. G.O.Ms.No.142, Transport (C1) Department, dated 21.08.2008 describes as follows:-

G.O.Ms.No.142, Transport(D) Department, dated 21.08.2008
Tamil English
muR NghfF;tuj;Jf; fof njhopw;Elg; kw;Wk; epHthf Nkwg;hHitahsHfspd; Cjpa tpfpjk; 31.08.1998 tiu njhopwj;fuhW rll;k; 12(3)-,dg;b njhopyhsH rq;fqf;spd; $ll;ikgG; kw;Wk; NghfF;tujJ;f; fofqf;spd; epHthfjj;pd; NgrR;thHj;ij %yk; khw;wp mikff;gg;l;L tej;J. njhopw;rqf;
NguitfSld; Cjpa xgg;ej;
NgrR;thHj;ij eljj;p 13-02-1999 md;W xgg;ej;k; ifnaOjj;hd gpwF NghfF;tujJ;f; fof njhopw;Elg; Nkwg;hHitahsHfspd; Nfhhpf;ifapd; mbgg;ilapy; NkNy ,uzl;htjhf gbff;gg;ll; murhizapy; mtHfSff; Cjpa tpfpjk; 01-01-1999
Kjy; khw;wpaikff;gg;lL; fhyKiw
Cjpa khw;wk; toqf;
Mizaplgg;ll;J. ,Nj Nghd;W epHthf Nkwg;hHitahsHfSfF;k; caHejPpkd;w Mizgg;b Cjpa tpfpjk; khw;wpaikff;gg;lL; NkNy
%d;whtjhf gbff;gg;ll; murhizapy; Miz ntspaplgg;ll;J.
2. muRg; NghfF;tujJ;f; fof njhopyhsHfSfF; Cjpa xgg;ej;k; 31-08-2005-,y; ifnaOjj;hdijj; njhlHe;J njhopwE;lg; kw;Wk; epHthf
Nkwg;hHitahsHfspd; Cjpa tpfpjj;ij ghprPyid nra;tjw;nfd
7 NgH nfhz;l xU FO mikff;gg;l;L mfF;Otpd; ghpeJ;iufspd; mbgg;ilapy; foPfz;l; Cjpa epHzak; nra;agg;l;L 01-01-2004 Kjy; eilKiwgg;Ljj; NkNy ehdf;htjhf gbff;gg;ll; murhizapy; Miz ntspaplgg;ll;J. The pay scale of technical and administrative supervisors of the State

Transport Corporation was amended by negotiation with the Federation of Trade
Unions and the management of the

Transport Corporations under section
12 (3) of the Trade Union Act up to 31-
08-1998. After negotiating the wage

agreement with the trade union assemblies and signing the agreement on 13-02-1999, at the request of the
Technical Supervisors of the Transport
Corporation, in the Second Second Reading Order, the pay scale for them was changed from 01-01-1999 and

ordered to provide periodic pay change. Similarly, the pay scale for executive supervisors has been revised as per the
High Court order and the order was issued in the third reading above.
2. Following the signing of the
Wage Contract for Public Transport
Corporation Workers on 31-08-2005, a
Committee of 7 persons was constituted

to review the pay scale of the Technical and Administrative Supervisors. Based on the recommendation of the said

Committee, the following pay scale was determined to effect from 01.01.2004 and published in G.O. fourth read
above.

G.O.Ms.No.142, Transport(D) Department, dated 21.08.2008

3. jwN;ghJ kPz;Lk; NghfF;tujJ;f; fof CopaHfSfF; Gjpa Cjpa xgg;ej;k; 06-02-2008-y; Vwg;Ljj;gg;l;L Gjpa Cjpa tpfpjqf;s; 01-09-2007 Kjy; eilKiwgg;Ljj;gg;lL; tUtjhy;> NghfF;tujJ;f; fof njhopw;Elg; kw;Wk; epHthf Nkwg;hHitahsHfSfF;k; Cjpa tpfpjqf;is jpUjj;p mikff; Ntz;b muRfF; Nfhhpf;if kDff;s; rkHgpjj;jd; mbgg;ilapy; mij ghpryPid nra;tjw;nfd epjpj; Jiwapd; $Ljy; ,afF;eH css;lff;pa khefH NghfF;tujJ;f; fof epHthf ,afF;eiu xUq;fpizgg;hsuhf nfhz;l 8 NgH nfhz;l xU FO mikff;gg;ll;J. mfF;O> muR NghfF;tujJ;f; fof njhopw;Elg; kw;Wk; epHthf Nkwg;hHitahsHfspd; Nfhhpf;if kDf;fis ghpryPid nraJ; muRfF; ghpeJ;iujj;jd; mbgg;ilapy; muR> FOtpd; ghpe;Jiuia ghpryPid nraJ; fPof;z;lthW Cjpa tpfpjqf;s; jpUjj;p mikff;gg;l MizapLfpd;wJ:-
1. muR Jiwapy; cs;sJ Nghy
3. Now that the new wage agreement for Transport Corporation workers has been re-established on 06-02-2008 and the new wage rates are being implemented with effect from 01-09 2007, it will be funded to review the petitions submitted to the Government

for revision of the wage rates for the
Technical and Administrative
Supervisors of the Transport

Corporation. A committee of 8 persons comprising the Executive Director of the Municipal Transport Corporation, comprising the Additional Director of

the Department, has been constituted.
1. Salary revision for Bachelor of
Engineers (J.E) and Assistant
Engineers (A.E) in qualified
Transport Corporations as in
Public Sector i.e. in Public
Sector.

G.O.Ms.No.142, Transport(D) Department, dated 21.08.2008
mjhtJ nghJgg;zpjJ;iwapy; cs;sJ Nghy jFjptha;ej; NghfF;tujJ;f; fofqf;spy; cs;s ,sepiyg; nghwpahsHfs; (J.E.) kw;Wk; cjtpg; nghwpahsHfSfF;
(A.E.) Cjpak; jpUjj;p mikff;gg;LfpwJ.
2. NghfF;tujJ;f; fof ,sepiy
/ cjtpg; nghwpahsHfisg; NghyNt rkg;sk; ngWk; (similar scale of pay) jFjptha;ej; NghfF;tuj;Jf; fof epHthf
Nkwg;hHitahsHfSfF;k;
NkNy 1-y; Fwpgg;pll;J Nghy; Cjpak; jpUjj;p mikff;gg;LfpwJ.
3. jwN;ghJ rkg;s tpfpjKk; khw;wpaikf;f ghpe;JiufF;k; rkg;s tpfpjKk; foPfz;lthW:-;

4. jwN;ghJ muR CopaHfSfF; 2. The salary scale is adjusted as mentioned above for qualified
Transport Corporation Executive Supervisors who are paid the same scale (pay) as Transport
Corporation Bachelor / Assistant Engineers.

3. The current pay scale and the pay scale recommended for change are as follows:

4. The revised pay scale for the
Technical and Administrative
Supervisors of the Transport
Corporation will be implemented
G.O.Ms.No.142, Transport(D) Department, dated 21.08.2008
5.
6.
7.
8. toqf;gg;l;L tUk; Cjpa tpfpjKiwfisg; NghyNt NghfF;tujJ;f; fof njhopw;Elg; kw;Wk; epHthf Nkwg;hHitahsHfSfF; jpUjj;pa Cjpak; 01-01-2008
Kjy; Kd; NjjpaplL;
eilKiwgg;Ljj;gg;Lk.;
mftpiygg;b> tlPL; thlifgg;b> efu
Nghd;w gbfis muR
CopaHfSfF; toqF;tijgN;ghy
toqf;gg;Lk.;
NghfF;tujJ;f; fof njhopw;Elg; kw;Wk; epHthf Nkwg;hHitahsHfSfF; jwN;ghJ toqf;gg;lL; tUk; tUlhej;pu Nghd];> khw;Wgg;b> rPUilgg;b> ijaw;$ypgg;b> ryitgg;b> tUifgg;b> fy;tp cjtpj;njhif> kUjJ;tgg;b Nghd;w rYiffs; ,uj;J nra;agg;LfpwJ.
,Jtiu eilKiwapy; ,Uej; fhyKiw gjtp caHT ,ujJ; nra;agg;LfpwJ.
khw;wpaikf;fgg;Lk; Gjpa Cjpa tpfpjjj;pdg;b Cjpa epHzak; (Pay Fixation) nra;Ak;nghOJ muR Miz
(2D) vz;:62> NghfF;tujJ;> ehs; 23.09.1996-y;
Fwpgg;plgg;l;Ls;s topKiwfs; gpdg;w;wgg;l Ntz;Lk.; with effect from 01-01-2008 in the same manner as the pay scale

currently being paid to
Government employees.

5. Steps such as invoice, house rent, city return, etc. will be provided as provided to government

employees.
6. The annual bonus currently being offered to the Technical and Administrative Supervisors of the Transport Corporation, such as concessions, uniforms,
tailoring, laundry, attendance, scholarships and medical allowances, will be canceled.

7. The periodic promotion which has been in force till now is

canceled.

8. Government Order (2D) No.62, Transport, dated 23.09.1996 should follow the guidelines while making Pay Fixation as per the new pay scale to be adjusted

40. G.O.Ms.No.235, Finance (Pay Cell) Department, dated 01.06.2009 was issued to increase in pension at 40% of basic pension to all existing pensioners.
41. Vide G.O.Ms.No.250, Finance (BPE) Department, dated
17.06.2009, the pay revision granted to the Government Servant as per G.O.Ms.No.234, Finance (Pay Cell) Department, dated 01.06.2009, was extended to all Sate Public Section undertakings and Boards by the Government of Tamil Nadu.
42. Based on the Central Sixth Pay Commission, the State Government constituted an Official Committee to revise the Scales of Pay and allowances to the State Government Employees. As per the recommendation of the Official Committee, revised pay structure was implemented to the State Government Employees. The same benefit was extended to the Technical and Administrative Supervisors by G.O.Ms.No.250, Finance (BPE) Department, dated 17.06.2009 with
effect from the date of issuance of the order.
43. The Government of Tamil Nadu vide G.O.Ms.No.63, Transport (D) Department, dated 05.02.2010, extended the revised pay rules to all the Transport Employees belonging to Managerial Cadre Officers with effect from 01.01.2006 and belonging to the Technical and Administrative Supervisory Cadre Employees with effect from 17.06.2009 with all monetary benefits.
44. Thus, W.P.No.11572 of 2013 & W.P.No.10867 of 2013 came to be filed before the this Court, wherein as mentioned above elsewhere. It was held that, as the Government have already accepted the request made by the petitioner and therefore it is not fair on the respondent to keep the matter pending.
45. Further, the said benefit had already been given to the persons who retired after 01.06.2006. Therefore, the respondents were directed to implement the revised pension extended to existing pre-2006 pensioners as ordered in G.O.Ms.No.235, Finance (Pay Cell) Department, dated 01.06.2009 and Letter (Ms)No.194, Transport (D) Department, dated 11.08.2010 issued by Government of Tamil Nadu, and pay the revised pension payable to the pensioners in term of these Government orders within a period of four weeks from the date of a receipt of a copy of the order. The respondents were also directed to settle the entire arrears within a period of eight weeks thereafter.
46. Since the respondent had not implemented the benefit to the petitioners therein even after the issuance of Government Letter(Ms) No.194, Transport (D) Department, dated 11.08.2010, it was held that the petitioners therein were entitled to get Rs.10,000/- each towards costs.
47. This Court by its common order dated 18.11.2013, disposed W.P.Nos.10867 & 11572 of 2013 filed by the petitioner in W.P.No.21348 of 2019 [Sl.No.1 in Table No.1] with the following observations:-
7. It is pertinent to note here that the said benefit has already been extended to the pensioners, who were retired on or after 01.1.2006, which is evident from the Government
Letter (Ms) No.206, Transport (D) Department, Secretary to Government Administrator, TNSTC Employees Pension Fund Trust, dated 25.8.2010.
8. The grievance of the petitioners is that though the Government extended the benefit to the petitioners as ordered in G.O.Ms.No.235, Finance (Pay Cell) Department, dated 01.6.2009 and Letter (Ms) No.194, Transport (D) Department, dated 11.8.2010 issued by the
Government of Tamil Nadu, the respondent has
not implemented the same to the petitioners.
9. Since the Government have already accepted the request made by the petitioners, it is not fair on the respondent to keep the matter pending. Further, the said benefit has already been given to the person, who were retired subsequent to 01.1.2006. Therefore, the respondent is directed to implement the revised pension extended to existing pre-2006 pensioners as ordered in G.O.Ms.No.235, Finance (Pay Cell) Department, dated 01.6.2009 and Letter (Ms) No.194, Transport (D) Department, dated 11. 8.2010 issued by the Government of Tamil Nadu, and pay the revised pension payable to the petitioners in terms of those Government Orders within a period of four weeks from the date of receipt of a copy of this order. The respondent is also directed to settle the entire arrears within a period of eight weeks thereafter. Since the respondent has not implemented the benefit to the petitioners even after the issuance of Government Letter (Ms) No.194, Transport (D) Department, dated 11.8.2010, the petitioners are entitled to get Rs.10,000/- each towards costs. However, considering the circumstances of the case, this Court is not imposing costs.
10. The writ petitions are disposed of with the above directions. Consequently, connected miscellaneous petitions are closed.
48. As mentioned above in the beginning, the decision of the learned Single Judge was challenged in W.A.Nos.399 and 400 of 2014. The Writ Appeals were dismissed vide order dated 05.08.2014. The Division Bench confirmed the orders of the Single Judge by observing that it was discriminatory to introduce a benefit retrospectively fixing a cut off date arbitrarily, thereby, dividing a single class of pensioners into two groups. When an additional benefit was given to similarly placed persons, it was held same cannot be denied by creating an artificial cut-off date.
49. The Court referred to the following decision as of the Hon’ble Supreme Court in D.S. Nakara Vs. Union of India, 1983 (1) SCC 305 and the following cases:-
i. Krishna Kumar Vs. Union of India, 1990 (4) SCC 207.
ii. Indian Ex-Service League Vs. Union of India, 1991 (2) SCC 104.
iii. V. Kasthuri Vs. M.D., State Bank of India, 1998 (8) SCC 30.
iv. Union of India Vs. Dr. Vijayapurapu Subbayamma, 2000 (7) SCC 662.
50. The Division Bench of this Court observed as under:-
”When an additional benefit has been given to similarly placed persons, the same cannot be denied by creating an artificial cut-off date. Both the retirees – prior to 01.01.2006 and thereafter, belonged to the same class of pensioners. Therefore, we do not find any intelligible differentia in the classification sought to be made.”
51. The decision of the Division Bench was appealed before the
Hon’ble Supreme Court in SLP No.27607-27608/2014. The Hon’ble Supreme Court by an order dated 31.10.2014 dismissed the S.L.P.
52. Earlier, the Hon’ble Supreme Court in its decision in S.L.P. (C) Nos.1444 and 1445 of 1999 on 29.10.2003 declared that STU was under the category of one of the Public Sector Undertakings but had not been recognized.
53. The Tamil Nadu State Transport Corporation issued an order dated 28.11.2014 in Letter No.10867/11572-2013/12/TNSTC-EPFT2014-1054 and directed to all the State Transport Corporations to revise the monthly pension for the pre 2006 retirees also, on par with the retirees belonging to Managerial Cadre who retired on or after 01.01.2006.
54. Both the Managerial Cadre Employees and the Technical Supervisory Staffs / Administrative Supervisory Staffs, who were in service on and after 01.01.2006 have been given the pay revision as per
the VII Tamil Nadu Pay Commission Recommendation vide G.O.Ms.No.303, dated 11.10.2017 notionally with effect from
01.01.2016 and with monetary benefits from 01.10.2017.
55. The Tamil Nadu State Transport Corporation issued a Circular to all Managing Directors of all State Transport Undertakings in Letter No.23/P2/TNSTC Soft/2018-2173, dated 09.05.2018 and stated that the guidelines for revision of pension for the remaining pensioners will be given separately. However, no guidelines have been passed.
56. The 12th Wage Settlement took place on 13.04.2015 under
Section 12(3) of the Industries Dispute Act. In the 12th Wage Settlement, it was agreed in Paragraph No.37aa that if there is any shortfall in the funds in hands of the Pension Trust, Government would help to make good the shortfall.
57. The said Settlement was signed by all the State Transport Undertakings, Workmen Representatives as well as the Additional Secretary to Government, Transport Department and the Additional Secretary to Government, Finance Department.
58. Meanwhile, in G.O.Ms.No.303, Finance (Pay Cell)
Department, dated 11.10.2017 was issued for replacing the existing Pay Bands and Grade Pay for State Government Employees by a new system of level based pay matrix in a manner adopted by the Government of India for its employees.
59. Later, G.O.Ms. 313, Finance (Pay Cell) Department, dated
11.10.2017 was issued for revision of Pension/Family Pension of Government Employees who retired / died while in service before 1-1-
2016. The pension /family pension was enhanced with effect from 31-12-
2015. Para 5 of the said G.o reads as under;
The Pension or Family Pension, including enhanced family pension, relating to employees who retired or died while in service before 1-12016 shall, in the first instance, be revised in the following manner:
i. The existing pension / family pension / enhanced family pension as on 31-12-2015, including the commuted portion but excluding additional pension applicable to pensioners/ family pensioners of age 80 years and more, shall be multiplied by a factor of 2.57 and rounded off to the next higher ten rupee to arrive at the revised pension / family pension / enhanced family pension.
ii. The ceiling limit for pension, family pension and enhanced family pension shall be revised from Rs.38,500/- to Rs.1,12,500/- (i.e. 50% of maximum pay in Pay Matrix of
Rs. 2,25,000/-), from Rs.23,100/- to Rs.67,500/- (i.e. 30% of maximum pay in Pay Matrix of Rs.2,25,000/-) and Rs.38,500/- to Rs.1,12,500/- respectively. Therefore, if the revised pension or family pension or enhanced family pension worked out as detailed in paragraph (i) above exceeds the applicable ceiling limit, it shall be restricted to Rs.1,12,500/-, Rs.67,500/- and
Rs.1,12,500/-respectively.
iii. The minimum revised pension / family pension / enhanced family pension shall be Rs.7,850/- per month. Therefore, if the revised pension / family pension / enhanced family pension worked out as detailed in (i) is less than Rs.7,850/- per month, it shall be stepped upto Rs.7,850/-.
60. The said G.O was applicable to State Government Pensioners.
Pension was calculated by multiplying 2.57 to the pension amount and rounded off to the next higher ten rupee.
61. Later G.O M.s No 333 dated 09.11.2017 was issued by the Government to adopt G.O M.s No 313, dated 25.10.2017 for the revision of pension/family pension to the pensioners/family pensioners in respect of the Statutory Board and in those categories who were strictly in accordance with Government Scale of Pay/Level of Pay. It is also stated that the Statutory Board shall not seek any sort of financial assistance from the Government for implementation of Pension/Family Pension. To this effect letters were issued to the CEO of the Boards.
62. Still later, G.O.Ms.No.134 dated 09.04.2018 was issued for implementation of the 7th Central Pay Commission with effect from
01.01.2016 for Managerial Cadre Staff and Technical and Administrative
Staff of the Transport Department. However, the Superintendent was not included. Para 5 of the said G.O reads as under:-
The Government after careful examination of the proposal of the Managing Directors of all State Transport Undertakings in detail and ordered to implement the Tamil Nadu Revised Pay Rules 2017 and applicable allowances to the Managerial Cadre Officers and Technical / Administrative Supervisory Cadre employees of State Transport Undertakings as ordered in Government Order second to seventh read above duly following the guidelines specified in the Government Order eighth and the Government letter ninth read above. Further, the Managing Directors of all State Transport Undertakings are requested to ensure that ;
(i)the entire financial commitment due to implementation of Revised Pay and Allowances etc., are borne by the respective corporations from out of their own resources without seeking any financial assistance from the Government either directly or indirectly.
(ii) appropriate action is taken to explore the possibilities of ‘manpower rightsizing’ wherever possible in order to reduce the additional manpower cost likely to be incurred due to the implementation of pay revision.
63. Based on G.O.Ms.No.303, dated 11.10.2017, the 9th respondent issued circular in letter bearing reference No. 23/P2/TNSTC/EPFT/20182173 dated 09.05.2018 addressed to all Managing Directors of the Respondent Corporation to revise and pay pension to the employees who are covered under Section 12(3) of Industrial Disputes Act 1947, and settlement dated 04.01.2018 and who have retired between 01.09.2016 and 31.12.2017.
64. No steps were initiated by the second respondent namely
Managing Director, Tamil Nadu State transport Corporation (Villupuram) Ltd. for either revising the pay scale of the existing employees or pension of the retired pensioners.
65. Thereafter, steps were taken for revising the pay scale of the existing employees as on rolls. It is the complaint of the petitioner that there were apparent discrimination shown in revising the pay scale of the existing employees for the retired employees.
66. The petitioners in W.P.No.21348 of 2019 who retired after 31.03.2019 retired between 01.09.1998 to 31.03.2018 state that they have been discriminated.
67. It is submitted that the classification adopted was arbitrary and discriminatory and therefore liable to be interfered. It is further submitted
that by G.O.Ms.No. 303 Finance (Pay Cell) Department dated
11.10.2017, when the existing employees of Government were entitled to draw a higher salary at the rate of multiplication factor of 2.57 from 1.1.2016 or date of entitlement to pension/family pension which is later notionally it have monetary effect from 1.10.2017.
68. It is submitted that by the aforesaid government order the petitioner is also entitled to draw a device pension along with 5% dearness allowance as on 01.05.2017 subsequently enhanced it is submitted that the petitioner has sent a representation dated 14.2.20 20 for a revision of the pay scale.
69. The second respondent failed to issue a separate G.O. revising the pension of those retired prior to 01.04.2018. Therefore, employees
who have retired after 01.04.2018 were getting their pension as per the 7th Central Pay Commission and those who people retired before 01.04.2018 were getting as per 6th Central Pay Commission Recommendations.
70. It is further submitted that the earmarked amount of Rs.25,000
Crores to Pension related expenses for the year 2021-2022, allotting Rs.300 crores to pensioners of STUs is nothing for the Government.
71. It is submitted when the pension scheme of the respondent corporation was framed, the respondents agreed to adopt the dearness allowance rebate at delay introduced by the Government periodically. It is submitted that in terms of Rule 20 of the T.N. STC EPF Rules, the respondent where duty-bound the pay dearness allowance along with pension on par with the government servants. It is submitted that despite G.O. Ms.No.134, Transport Department, dated 09.04.2018.
72. It is submitted that the failure of the respondent in implementing the revision of dearness allowance is an application of the fundamental rights. It is submitted that the actions of the respondents are in violation of Article 14, 16, 21 and 39 of the Constitution of India. The said failure has intervened with the right of life.
73. It is submitted that once the government order in
G.O.Ms.No.134, Transport (D) Department, dated 09.04.2018 has been issued for revising the pay scale which incorporates the previous government orders passed the purpose of revising the pay scale of the existing pensioners as well as the retirees also there cannot be any discrimination. The petitioner also relied on the decision of the honorable Supreme Court in D.S.Nakara Vs. Union of India, 1983 SCR (2) 165.
74. The respondents have not filed any counter in these writ petitions, they have adopted the counter filed in support of the other writ petition mutatis mutandis.
75. The 13th Wage Settlement took place on 04.01.2018. In the 13th
Wage Settlement, in the presence of the Additional Secretary Transport Department and Secretary, Finance Department, it was agreed that if there is shortfall in the availability of the funds in the hands of the Pension Trust, the same will be made good by the Government of Tamil Nadu.
76. During the pendency of these Writ Petitions, G.O. (Ms)
No.142, Transport (E) Department, dated 26.08.2019 was issued for:-
a) implementation of revision of pension to the pensioners who are covered under 13th Wage Settlement (for those who have retired between 01.09.2016 and 31.12.2017) with notional effect from 01.09.2016 and with monetary benefit
prospectively; and
b) implementation of the revision pension as per VII Pay Commission to the pensioners (for those who have retired between 01.01.2016 and 31.03.2018) with notional effect from 01.01.2016 and with monetary benefit prospectively.
77. I have considered the Government Orders and the rival submissions advanced on behalf of the petitioners and the respondents. The petitioners have retired from service between 01.09.1998 and 31.03.2018.
78. The common grievance of the petitioners is that the benefit of VII Pay Commission extended to the Government pensioners vide G.O.(Ms) No.313 Finance (Pay Cell) Department dated 25.10.2017 and to the pensioners of various Statutory Boards vide G.O.(Ms) No.333, Finance (BPE) Department, dated 09.11.2017 have not been extended to these petitioners.
79. It is the grievance of these petitioners that the benefits of upward revision of pensions have been given selectively only to a section of the pensioners who retired after a particular date and thus there is discrimination.
80. It is noticed that the Government has itself decided to give the benefits in various Government Orders while implementing the 5th, 6th and
7th Pay Commissions to the pensioners of Transport Department. The Tamil Nadu State Transport Corporation Employees’ Pension Fund Rules was approved vide G.O. (Ms) No.135, Transport (D) Department, dated 15.12.2000. Rules 8 and 8(a) of the Tamil Nadu State Corporation
Employees Pension Fund Rules reads as under:-
8. The Pension Scheme is applicable to all the employees of the establishment who are on rolls as on 1.9.98 or employed after that date and also members of the Employees Provident Fund Scheme.
In the case of outgoing employees prior to 1.9.1998, they shall be entitled to the benefits under the Employees Pension Scheme, 1995 through the Provident Fund Commissioner.
81. Later Rule 8(a) was inserted in view of changes in the Tamil
Nadu pension Rules 1978, which reads as under :-
8(a) However, this Pension Scheme is not applicable to the employees recruited in the State Transport Undertakings on or after 1.4.2003 since such employees are covered under Contributory Pension Scheme.
82. Rule 20A of the Tamil Nadu State Transport Corporation
Employees’ Pension Fund Rules deals with Dearness Allowance to
Pensioners which reads as under:-
20. A Dearness Allowances to Pensioners
In addition to the basic pension, the pensioners are eligible for nominal Dearness Allowance at the rates that may be determined by the Government of Tamil Nadu.
83. The Dearness Allowance is an allowance given by the Government to its employees to compensate the living due to inflation. Respondent pays Dearness Allowance as per the rates to the employees who are in service. However, it has not been extended to its retired pensioners. This is arbitrary also a violation of Article 14, 16, 21 of the Indian Constitution.
84. Even as per Rule 20A, the retired Employees of the Transport Corporation are entitled for payment of pension and Dearness Allowance. As per Rule, they are eligible for Dearness Allowance similar to the employees in Service. Therefore, there is no justification in not revising the Dearness Allowance of Superintendents who retired before 01.01.2016. Therefore, on this count, W.P.Nos.1556 & 22409 of 2021 deserves to be allowed.
85. Earlier, Wage Settlement arrived on 13.04.2015. As per Clause No.37 of the said wage settlement, the pension will be increased at 15% on the pension granted on 01.09.2010 to the pensioners who retired prior to 01.09.2010 with effect from April 2015 and shortfall of amount arising in the Tamil Nadu State Transport Corporation Employees Pension Fund Trust will be compensated by the contributions of Government and
Transport Corporations. Clause No.37 reads as under:-
Clause. No 37 (Tamil) Clause. No 37 (English)
Xa;t+jpak; Pension
Clause. No 37 (Tamil) Clause. No 37 (English)
m) 01-09-2010-fF; Kd;du; Xa;Tngw;w Xat;+jpjhuu;fSfF; 01-09-2010 mdW; ngw;w
Xat;+jpaj;jpd; mbg;gilapy; 15 tpOff;hLfs; Vg;uy; khjk; 2015 Kjy; Xa;t+jpaj;jpy; cau;j;jp toqf;gg;Lk.;
M) jkpo;ehL muR
NghfF;tuj;Jf; fof Xat;+jpa ekg;fj;jpy; Vwg;Lk; epjp gw;whfF;iwia muR epjp cjtpAlDk; kwW;k;
NghfF;tuj;Jf; fofqf;spd; gqf;spg;GlDk ;

You may also like...