ORDER :

1. The prayer sought for herein is for a Writ of Mandamus directing the second respondent management to grant pension under 1998 pension scheme and difference amount in Provident Fund and Gratuity for the entire service from 10.04.1985 to 28.02.2009.

2. The petitioner joined as Conductor at the second respondent Transport Corporation on 10.04.1985. While he was working, there was a disciplinary proceedings initiated against him, pursuant to which, he was placed under suspension from 03.08.1990 and thereafter, after the conclusion of the disciplinary proceedings, the respondent Corporation dismissed the petitioner from service with effect from 29.11.1991.

3. Challenging the dismissal order, the petitioner approached the Labour Court, where, the Labour Court accepting the case of the petitioner allowed the I.D. on 07.07.1994 with the order that the petitioner shall be reinstated with continuity of service. However, for the period between 29.11.1991 to 06.07.1994, the petitioner shall not be entitled for getting the backwages.

4. Felt aggrieved over the said order passed by the Labour Court, the said Corporation filed an Appeal by way of Writ Petition before this Court and it was dismissed by this Court, by order dated 26.06.2002, thereby, the award passed by the Labour Court has become final and accepting the same, the petitioner has been reinstated into service by the respondent Corporation on 20.11.2002.

5. Thereafter, the petitioner was working till he attained superannuation and he retired from service on 28.02.2009.

6. After his retirement, according to the petitioner, the gratuity and other retirement benefits including the pension was calculated and was disbursed to the petitioner but, only by taking into account the lesser service, that is the service exactly rendered by the petitioner. In other words, the period, where the petitioner has been out of service due to the disciplinary proceedings and also the pendency of the litigations were not taken into account for the purpose of either calculating the gratuity or pensionable benefits. Therefore, in order to get the gratuity and pensionable benefits by taking into account the total service period, the petitioner has given a representation to the respondents on 07.03.2011, however, the same has not been considered, therefore, he approached this Court by filing the present Writ Petition with the aforesaid prayer.

7. Heard Mr.S.T.Varadarajulu, learned counsel appearing for the petitioner who would reiterate the aforesaid facts and submit that, the petitioner since is entitled to get the benefits like gratuity for the whole service period and also correspondingly, he would be entitled to get the revised pension in view of the continuity of service that has been ordered by the Labour Court, which has been confirmed by the orders of this Court, the same shall be calculated and be paid to the petitioner. Therefore, the request made by the petitioner in this regard dated 07.03.2011 should have been considered by them, which has however not been considered. Therefore, the learned counsel seeks indulgence of this Court to give suitable direction to the respondents in this regard.

8. I have heard Mr.K.Kathiresan, learned Standing counsel appearing for the second respondent who would submit that, the petitioner admittedly was out of service from 29.11.1991 till 06.07.1994, for which period, he was not entitled to get the backwages as directed by the Labour Court and during the relevant period, the petitioner also has not contributed anything towards Contributory Pension Scheme. Correspondingly, since there has been no contribution on the employer side also, therefore, there is absolutely no contribution under the Contributory Pension Scheme in the name of the petitioner during the said period for several years. Therefore, correspondingly, the petitioner would not be entitled to get the full pension in view of the absence of the contribution on the part of the petitioner during the s