K. Rajendran vs The General Manager, Tamil Nadu State Transport Corporation Ltd. and The Managing Director Tamil Nadu State Transport Corporation Ltd.

Vinod K. Sharma, J.—The petitioner has approached this Court with a prayer for issuance of a writ in the nature of mandamus directing the

respondents to sanction pension under Rule 19 of the Tamil Nadu State Transport Corporation Employees Pension Fund Rules and for refund of

Rs. 12,549/- (Rupees twelve thousand five hundred and forty nine only) recovered from the petitioner as notice wages as also to settle another

sum of Rs. 7,000/- (Rupees Seven thousand only) paid under Employees Retirement Benefits Scheme. The petitioner was appointed on daily

wage basis on 29/10/1998 as Junior Tradesman for a period of three months and this employment was extended upto 8/11/1999. Thereafter, the

service of the petitioner was regularised on 9/11/1999. On regularisation of service, the Provident Fund deductions were made from his salary at

the rate of 12% under the Employees Provident Fund Scheme as Employees share of contribution. The scheme was maintained by the

respondents as Social Security Scheme. The Employer also contributed matching contribution.

The petitioner suffered from blindness, and in spite of the treatment, the disease was not cured. The petitioner was declared disabled being

100% blind. The petitioner on request was discharged from service on 20/1/2009 and was asked to pay one month notice wage of Rs. 12,549/-

(Rupees twelve thousand five hundred and forty nine only). The petitioner deposited the amount on 23/1/2009. At the time of discharge, the

petitioner was paid only his share of Provident Fund Contribution and Employer''s share was retained under the Pension Scheme.

The petitioner, requested the respondents to grant pension to the petitioner under Tamil Nadu State Transport Corporation Employees Pension

Fund Rules.

Rule 19 of the above said Rule, reads as under:-

BENEFITS ON PERMANENT & TOTAL DISABLEMENT AND MEDICALLY DISCHARGED DURING THE EMPLOYMENT:

a. Permanent & Total Disablement

A member, who is permanently and totally disabled during the employment shall be entitled to pension as per the following terms and conditions.

(i). He should have rendered 10 years of qualifying service; A member applying for the benefits under this paragraph shall be required to undergo

such medical examination as may be prescribed by the Trustees to determine whether or not he or she is permanently and totally unfit for the

employment which he or she was doing at the time of such disablement.

(ii). He will be eligible for pension at 50% of the last drawn basic pay multiplied by actual service and divided by 30. No service weightage is

admissible for such pensioner.

(iii). If the disablement is curable and if the member refuses to get cured by operation or otherwise, then no pension need be paid, if the competent

authority desires so, on merit. The monthly member''s pension in such cases shall be payable from the date of permanent total disablement and shall

be tenable for the lifetime of the member.

The pension has been denied to the petitioner only on the ground that the petitioner had not completed ten years of service. In the counter, it is

not disputed that the petitioner had joined the service on 29/10/1998 and was discharged from service on 20th January, 2009. The respondents

are not counting the service rendered by the petitioner on daily wage basis, to come to a conclusion that the petitioner has not completed ten years

of service.

The stand of the respondents cannot be accepted. Now, it is well settled law, that the service rendered on daily wage or on contractual basis is

immediately preceding regularisation is to be counted for pensionary benefits. If the total service of the petitioner is counted, he completed more

than ten years of service and was discharged from service on account of total blindness. The claim of the petitioner for pension is squarely covered

under Rule 19 of the Tamil Nadu State Transport Corporation Employees Pension Fund Rules.

In the result, the writ petition is allowed. The respondents are directed to pay pension to the petitioner under Rule 19 of the Tamil Nadu State

Transport Corporation Employees Pension Fund Rules. The exercise has to be carried out within a period of three months from the date of receipt

of a copy of this order. The petitioner shall also be entitled to refund of Rs. 12,549/-(Rupees twelve thousand five hundred and forty nine only) the

notice pay, as he was discharged on account of documents to go through on his own request. No costs.