IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-03-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA L.Devarajan ..Petitioner(s)

Vs

1. The Managing Director Metropolitan Transport Corporation (chennai) Ltd, Pallavanillam, Anna Salai Chennai 600 002

2. The Administrator Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Pallavansalai, Chennai 600 002 ..Respondent(s)

Prayer: This writ petition is filed under Article 226 of the Constitution of India, seeking writ of mandamus, directing the respondents to revise pension by notionally fixing correct basic pay on the date retirement and taking note of petitioner entire service for calculating pension and to return Rs.43,063/- collected towards un implemented punishment amount to the petitioner.

For Petitioner(s): S.T.Varadarajalu For Respondent(s): Mr.R.Balaji Standing Counsel

ORDER

This Writ Petition has been filed for a direction directing the respondent to revise the pension of the petitioner by notionally fixing the correct basic pay on the date of retirement and taking note of his entire service for calculating pension and also to return Rs.43,062/- collected towards un implemented punishment amount.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The petitioner was appointed as Conductor on 08.02.1984 in the first respondent Management. After completion of twenty three years of his service, he was dismissed from service. Therefore, the petitioner raised an Industrial Dispute in ID No.359 of 2009 before the Labour Court, Chennai. The Labour Court, Chennai, by an order dated 31.01.2012, directed the management to reinstate the petitioner with continuity of service with 50% of back wages and other allowances. It was challenged before this Court in W.P.No.17233 of 2012 by the Management. Pending Writ Petition, the petitioner attained the age of superannuation on 30.06.2012. The petitioner also expressed his willingness to forego 50% of back wages from the date of dismissal to the date of retirement.

4. This Court, by an order dated 17.12.2021, passed an order, thereby the first respondent was directed to pay all the attendant benefits to the petitioner by taking into consideration the services from the date of dismissal till the date of retirement as continuity of service and settle pension and other terminal benefits, based on notional pay fixation within a period of four months from the date of receipt of a copy of the order. Accordingly, the first respondent, by an order dated 29.08.2022, considered his entire service to pay all benefits as directed by this Court. Insofar as the pensionary benefits is concerned, the entire period of service of the petitioner was not taken into account and only the period of seventeen years was taken into consideration for fixing pension. It is relevant to extract the order passed by this Court in W.P.17233 of 2012, dated 07.12.2021, which reads as follows :

5.In view of the above settlement entered into between the parties, this Court passes the following directions:

(i)The petitioner corporation is directed to pay all attendant benefits to the first respondent / employee by taking into consideration the services of the petitioner from the date of dismissal till the date of retirement as continuity of service and settle pension and other terminal benefits, based on notional pay fixation, without any interest, within a period of four months from the date of receipt of a copy of this order;

(ii)The petitioner / corporation can deduct the amount towards the contribution of Provident Fund and pay the remaining Provident Fund amount to the first respondent /

employee ; and (iii)The petitioner / corporation is at liberty to file appropriate application before the Labour Court to withdraw the amount deposited by them towards backwages, as per the interim order of this Court.”

Therefore, the petitioner is entitled for pension and other terminal benefits for the entire period of his service.

6.