The petitioner has come up with the present writ petition, seeking a direction to the respondents to pay pensionary benefits.
2. Heard Mr.V.Ayyadurai, learned counsel appearing for the petitioner, Mr.V.R.Kamalanathan, learned counsel appearing for the first respondent and Mr.R.Singaravelan, learned counsel appearing for the second respondent.
3. The petitioner was originally employed as a Conductor in a Private Transport Company, which was taken over by the Government. After the take over, the services of the petitioner were regularised in terms of a settlement reached under
Section 18(1) of the Industrial Disputes Act, 1947, on 31.10.1990. Accordingly, the petitioner was re-designated as a Junior Clerk with effect from 01.11.1990 and he retired from service on 30.9.2000.
4. The respondents did not pay the pensionary benefits on the ground that the petitioner had not completed 10 years of qualifying service as required under the Tamil Nadu State Transport Corporation Employees' Pension Fund Rules. Hence, the petitioner is before this Court.
5. A Pension Fund Trust was created for the employees of the Tamil Nadu State Transport Corporation and the Trust is administered by a set of Trustees. It is governed by a set of Rules known as Tamil Nadu State Transport Corporation Employees' Pension Fund Rules. Under Rule 16(a)(i), a superannuation pension can be paid if a person retires on attaining the age of 58 years, after rendering a qualifying service of 10 years or more. Even according to the respondents, the petitioner rendered services for a period of 9 years and 11 months from 01.11.1990 to 30.9.2000. Therefore, as per Rule 13(a), the fraction of service of 6 months or more should be treated as one year and hence, the respondents cannot deny the benefit of pension to the petitioner.
6. Therefore, this writ petition is allowed, directing the respondents to pass appropriate orders, after working out the pension payable to him, within a period of eight weeks from the date of receipt of a copy of this order. No costs.