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2024 DAILYLAW 4579 (MAD)

THE MANAGEMENT v. M.RAVIVARMA

WA/774/2024 · 2026-07-06

N Senthilkumar, S M Subramaniam

Transfer Petitionbody2024

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.A.NOS.774, 846 & 889 OF 2024 Page No.1 of 10 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06.07.2026 CORAM THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR W.A.NOS.774, 846 AND 889 OF 2024 AND CMP NOS.5158, 5908 AND 6246 OF 2024 W.A.NO.774 OF 2024 The Management Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Rep. By its Managing Director Rep. By its General Manager Railway Station New Road, Kumbakonam – 612 001. … Appellant / 2nd Respondent Vs. 1.M.Ravindran S/o. Manickam No.3, Royal Avenue, Thiruveediamman Koil Street, Near SRS Travels, Koyambedu, Chennai – 600 106. … 1st Respondent / Petitioner 2.The Tamil Nadu State Rep. By its Principal Secretary to Government Transport Department Secretariat, Chennai – 600 009. … 2nd Respondent / 1st Respondent PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent praying to set aside the order dated 10.10.2023 passed in W.P.No.282 of 2020. https://www.mhc.tn.gov.in/judis W.A.NOS.774, 846 & 889 OF 2024 Page No.2 of 10 For Appellant : Ms.Dakshayani Reddy Senior Counsel for Mr.C.Senapathi For Respondent-1 : Mr.D.Soundar Raj For Respondent-2 : No appearance W.A.NO.846 OF 2024 The Management Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Rep. By its General Manager Railway Station New Road, Kumbakonam – 612 001. … Appellant / 2nd Respondent Vs. T.Ravindran (Deceased) … 1st Respondent / Petitioner 2.Usharani W/o. Late T.Ravindran No.19/32, NGO Nagar, 2nd Street, Thenpaathi, Kaivilancheri Village, Seerkali Taluk, Mayiladuthurai District. 3.Vinoth Kumar S/o. Late T.Ravindran No.19/32, NGO Nagar, 2nd Street, Thenpaathi, Kaivilancheri Village, Seerkali Taluk, Mayiladuthurai District. 4.Aarthi D/o. Late T.Ravindran No.19/32, NGO Nagar, 2nd Street, Thenpaathi, Kaivilancheri Village, Seerkali Taluk, Mayiladuthurai District. https://www.mhc.tn.gov.in/judis W.A.NOS.774, 846 & 889 OF 2024 Page No.3 of 10 5.Indra W/o. Late R.Thirunavukarasu M/o. Late T.Ravindran No.19/32, NGO Nagar, 2nd Street, Thenpaathi, Kaivilancheri Village, Seerkali Taluk, Mayiladuthurai District. … Respondents 2 – 5 (Respondents 2 to 5 are substituted vide Order of Court dated 06.07.2026 passed in CMP No.15096 of 2024 in W.A.No.846 of 2024) 6.The Tamil Nadu State Rep. By its Principal Secretary to Government Transport Department Secretariat, Chennai – 600 009. … 6th Respondent / 1st Respondent PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent praying to set aside the order dated 10.10.2023 passed in W.P.No.280 of 2020. For Appellant : Ms.Dakshayani Reddy Senior Counsel for Mr.C.Senapathi For Respondent - 1 : Died – steps taken For Respondent - 2 : No appearance For Respondents 3 - 6 : Mr.D.Soundar Raj W.A.NO.889 OF 2024 The Management Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Rep. By its General Manager Railway Station New Road, Kumbakonam – 612 001. … Appellant / 2nd Respondent Vs. https://www.mhc.tn.gov.in/judis W.A.NOS.774, 846 & 889 OF 2024 Page No.4 of 10 1.C.Gunasekaran S/o. R.Chandrahasan No.25/14, Ramasamy Naicken Street, Alwarpet, Chennai – 600 018. … 1st Respondent / Petitioner 2.The Tamil Nadu State Rep. By its Principal Secretary to Government Transport Department Secretariat, Chennai – 600 009. … 2nd Respondent / 1st Respondent PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent praying to set aside the order dated 10.10.2023 passed in W.P.No.291 of 2020. For Appellant : Ms.Dakshayani Reddy Senior Counsel for Mr.C.Senapathi For Respondent-1 : Mr.D.Soundar Raj For Respondent-2 : No appearance COMMON JUDGMENT (Judgment of the Court was made by S.M.Subramaniam, J.) The writ order dated 10.10.2023 passed in W.P.No.282 of 2020, W.P.No.280 of 2020 and W.P.No.291 of 2020 are under challenge in these intra court appeals. The Tamil Nadu State Transport Corporation, Kumbakonam Division is the appellant in all the appeals. 2.The first respondent – M.Ravivarma in W.A.No.774 of 2024 filed a writ petition seeking a direction to settle a sum of Rs.4,30,000/- towards https://www.mhc.tn.gov.in/judis W.A.NOS.774, 846 & 889 OF 2024 Page No.5 of 10 commutation of pension amount and grant periodical increments, review, weightage and settlement benefits with effect from October 2004 by treating the period of suspension as duty and consequently direct the appellant to revise the pension. 3.The deceased respondent - T.Ravindran in W.A.No.846 of 2024 filed a writ petition seeking a direction to settle a sum of Rs.8,00,000/- towards commutation of pension amount, a sum of Rs.1,40,000/- towards arrears of 3rd review and sanction of 4th review; and a sum of Rs.2,10,000/- towards earned leave salary for 120 days for the year from 2010 to 2018. 4.The first respondent - C.Gunasekaran in W.A.No.889 of 2024 filed a writ petition seeking a direction to settle a sum of Rs.8,00,000/- towards commutation of pension amount, a sum of Rs.35,000/-/- towards arrears of 4th review; and a sum of Rs.1,10,840/- towards earned leave salary for 68 days for the year from 2010 to 2018. 5.Curiously, in the present case, during the pendency of criminal cases registered under the Prevention of Corruption Act, 1988, the employees were allowed to retire and the terminal and pensionary benefits were settled in respect of few employees. Thus, rest of the employees are also started filing writ petitions seeking the terminal and pensionary benefits. https://www.mhc.tn.gov.in/judis W.A.NOS.774, 846 & 889 OF 2024 Page No.6 of 10 6.The learned Senior Counsel appearing on behalf of the appellant- Transport Corporation would mainly contend that a criminal case in Special Case 1 of 2009 is now pending for trial before the Principal District and Sessions Court at Thanjavur. The case was registered under the Prevention of Corruption Act, 1988 and relates to job racketing. Nearly about 35 employees of the Transport Corporation are arrayed as accused in the said criminal case and it is pending for the more than 24 years. During the pendency of the criminal case, departmental proceedings are initiated against the employees and in respect of some of the employees, punishments were imposed. However, none of the employees were removed from service. They were imposed with a punishment of reduction in pay scale and allowed to retire from service and terminal and pensionary benefits were also settled. 7.The administrative action taken by the appellant - Transport Corporation is absurd and in violation of the service rules applicable. Once an employee is involved in a criminal case and more specifically under the Prevention of Corruption Act, the disciplinary proceedings ought to have been completed in respect of all the employees. However, only in respect of few employees, certain punishment of reduction of scale of pay was imposed. 8.Be that as it may, in the present case, the first respondent in W.A.No.774 of 2024 was allowed to retire from service and he was relieved from service on 31.05.2016; the deceased respondent – T.Ravindran in https://www.mhc.tn.gov.in/judis W.A.NOS.774, 846 & 889 OF 2024 Page No.7 of 10 W.A.No.846 of 2024 was allowed to retire from service and he was relieved from service on 31.03.2018; and the first respondent in W.A.No.889 of 2024 was allowed to retire from service and he was relieved from service on 31.03.2018 respectively. However, the order of retirement would show that the respective respondent was allowed to retire without prejudice to the pendency of the criminal case filed under the Prevention of Corruption Act, 1988, pending on the file of the Principal District and Sessions Court, Thanjavur. 9.The learned counsel for the first respondent would submit that the first / respective respondent were allowed to retire in all respects. However, the order of the Writ Court directing the appellant – Transport Corporation to settle commutation of pension, periodical increment is not in consonance with the principles. The calculation regarding the terminal and pensionary benefits are to be done by the establishment on verification of Service Registers and other details of the employees. Thus, the direction issued by the Writ Court to (i) settle a sum of Rs.4,30,000/- in respect of the first respondent in W.A.No.774 of 2024; (ii) to settle a sum of Rs.8,00,000/- towards commutation of pension amount, a sum of Rs.1,40,000/- towards arrears of 3rd review and sanction of 4th review; and a sum of Rs.2,10,000/- towards earned leave salary for 120 days for the year from 2010 to 2018 in respect of the deceased respondent in W.A.No.846 of 2024; and https://www.mhc.tn.gov.in/judis W.A.NOS.774, 846 & 889 OF 2024 Page No.8 of 10 (iii) to settle a sum of Rs.8,00,000/- towards commutation of pension amount, a sum of Rs.35,000/-/- towards arrears of 4th review; and a sum of Rs.1,10,840/- towards earned leave salary for 68 days for the year from 2010 to 2018 in respect of the first respondent in W.A.No.889 of 2024; are not based on the Service Registers nor the Writ Court in exercise of powers of judicial review can calculate such pensionary benefits in the absence of any clear facts in this regard. Consequently, all the writ orders impugned in the appeals are set aside. However, the appellant is directed to settle the terminal benefits due to the respective respondent strictly in accordance with law; and with their eligibility and with reference to the Service Register of the respective respondent, as expeditiously as possible. 10.With these directions, these writ appeals stand allowed in part. However, there shall be no order as to costs. Consequently, connected Civil Miscellaneous Petitions are closed. [S.M.S., J.] [N.S., J.] 06.07.2026 (2/2) Index : Yes Speaking Order : Yes Neutral Citation : Yes / No TK https://www.mhc.tn.gov.in/judis W.A.NOS.774, 846 & 889 OF 2024 Page No.9 of 10 To The Principal Secretary to Government Government of Tamil Nadu Transport Department Secretariat, Chennai – 600 009. https://www.mhc.tn.gov.in/judis W.A.NOS.774, 846 & 889 OF 2024 Page No.10 of 10 S.M.SUBRAMANIAM, J. AND N.SENTHILKUMAR, J. TK W.A.NOS.774, 846 AND 889 OF 2024 06.07.2026 (2/2) https://www.mhc.tn.gov.in/judis