Employees are entitled to pension and terminal benefits despite post-retirement dismissal based on unproven allegations.

O R D E R

By consent, the writ petition is taken up for final disposal at the admission stage itself.

2.The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the respondents to pay the petitioner with the monthly pension hereinafter; to settle him forthwith all terminal benefits such as Provident Fund, Gratuity, Commuted Value of Pension, Pension arrears and the amounts payable under the Family Benefit Fund Scheme, Social Security Scheme and Post Retirement Benefit Scheme and the IRT contribution, together with interest at the rate of 12% within a specified time.

3.The learned counsel appearing for the petitioner submitted that the petitioner joined the services of the first respondent Corporation as Conductor on 18.08.1997. On 27.04.2023, the second respondent issued a charge memo alleging that the petitioner produced bogus educational certificate and obtained employment. The petitioner retired from service on 31.05.2023. After retirement, there is no master and servant relationship, however, the second respondent passed an order of dismissal from service on 13.12.2023 and filed approval petition under Section 33(2)(b) of the Industrial Disputes Act before the Special Deputy Commissioner of Labour in A.P.No.199 of 2023 and the said approval petition was dismissed by the Special Deputy Commissioner of Labour on 26.02.2025 and challenging the same, the respondents did not file any writ petition before this Court and it became final, however, till date, the respondents have not settled the terminal benefits of the petitioner including monthly pension.

4.The learned Standing Counsel appearing for the respondents 1 and 2 submitted that as on date, the respondents have not filed any writ petition before this Court challenging the dismissal of the approval petition, however, the respondents are preparing to file a writ petition before this Court.

5.Heard both sides and perused the materials available on record.

6.The petitioner joined the services of the first respondent Corporation as Conductor on 18.08.1997. After the petitioner put 25 years of service, the charge memo, alleging that the petitioner produced bogus educational certificate and obtained employment was issued to the petitioner on 27.04.2023, which is not sustainable one. Similar issue was considered by this Court in the case of The General Manager, Tamil Nadu State Transport Corporation (VPM) Limited Vs. T.C.Saravanan and another [W.P.No.22248 of 2023, dated 28.07.2023] and such approach of the respondent Corporation was negatived by this Court vide order dated 28.07.2023.

7.In view of the above, this Court directs the respondents to settle the terminal benefits due to the petitioner and sanction pension to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order.

8.With the above directions, the writ petition stands disposed of. No costs. 24.02.2026 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To

1 Tamil Nadu State Transport Corporation (Salem ) Limited, Rep. by its Managing Director, No.12, Ramakrishna Salai, Salem – 7.

2 The General Manager Tamil Nadu State Transport Corporation (Salem ) Limited, Dharmapuri Region, Bharathipuram, Salem Main Road, Dharmapuri – 5.

3 The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust Pallavan Salai, Chennai – 2.