IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-01-2026 CORAM THE HON'BLE MR JUSTICE M.DHANDAPANI K.Jeganathan S/o. Krishnan, Retired helper (MHR- 046)

No. 1/22 Kalarampatti, Panamarathupatti post, Salem district 636 204 ..Petitioner(s)

Vs

1. The Administrator Tamil Nadu State Transport Corporation Employees pension fund trust, Thiruvalluvar House, No.2 Pallavan Salai, Chennai 02

2. The Managing Director Tamil Nadu State Transport Corporation (Salem Division 1) Ltd., 12 Ramakrishna Road, Salem 636 007

3. The General Manager Tamil Nadu State Transport Corporation (Salem Division 1) Ltd., 12 Ramakrishna Road, Salem 636 007 ..Respondent(s)

Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to enhance the petitioners pension counting his service since 1993 instead of 24.07.2001 duly implementing the orders of this Honble High Court passed in WA No. 474 of 1998 granting petitioner continuity of service since 1993 and accordingly grant the resultant benefits viz., the arrears of difference in pension and other attendant service and monetary benefits.

For Petitioner(s): Ms.S.Girija For Respondent(s): Mr.C.S.K.Sathish for R1 Mr.K.Raja for R2 & R3

ORDER

This Writ Petition has been filed seeking a direction to the respondents to enhance the petitioner’s pension by counting his service since 1993 instead of 24.07.2001 duly implementing the orders of this Court passed in WA No. 474 of 1998, granting petitioner continuity of service since 1993 and accordingly, to grant the resultant benefits viz., the arrears of difference in pension and other attendant service and monetary benefits.

2. Heard the learned counsels appearing on either side. With the consent of both sides, the Writ Petition is taken up for hearing at the admission stage itself.

3. The brief facts of the case is as follows:

3.1. The petitioner joined the respondent Corporation as Driver and due to an accident, he was referred to Medical Board which found him unfit for the post of driver and recommended for light duty, however, the petitioner was discharged from service. Against his discharge, he filed W.P.No.17561 of 1991, which was allowed. Assailing the said order, the respondent Corporation preferred an appeal in W.A.No.474 of 1998, which was disposed of with the direction to appoint the petitioner with continuity of service from 1993 without monetary benefits. Pursuant to the said order, the petitioner was appointed as Helper on 24.07.2001 and retired on attainment of superannuation on 30.11.2013. However, his terminal benefits were calculated for the service rendered as Helper, for which he made oral and written representations and sent a legal notice but all his efforts went in vain and therefore, he filed contempt petition which was dismissed on the ground of delay and laches. The delay was only due to belated receipt of pension payment order and pandemic period.

Hence, the petitioner has come forward with the present Petition.

4. The learned counsel for the petitioner submitted that the respondent Corporation has not implemented the order passed by this Court in W.A.No.474 of 1998. He further submitted that the petitioner made a representation in the year 1998, 2001 and 2023, however there was inaction on the part of the respondents. He added that the petitioner made the representation inadvertently to the second respondent but the competent authority to implement the order is the first respondent and hence, prayed to pass appropriate order and to grant the relief as sought for by the petitioner in the present Writ Petition.

5. Considering the facts and circumstances of the case and the contentions put forth by the learned counsel for the petitioner, this Court directs the petitioner to make a fresh representation to the first respondent ventilating all his grievances, within a period of two weeks from the date of receipt of a copy of this order and on receipt of the same, the first respondent sha