The companytroversy as numbered above lies within a narrow companypass i.e. whether G.O. No.378 in effect superseded G.O. No.212.
No.731, Industries Special Dated, 21.5.1974.
No.378 dated 18.4.1975 was denied to the respondents.
were granted to Government servants permanently absorbed in the Tamil Nadu Small Industries Corporation Limited.
As numbered above, the G.O.No.212 was issued on 23.9.1974.
It was pointed out by the present appellants that the respondents had opted to companytinue under Operational Subordinate Service Rules in short the Operational Rules when pension was offered to operation staff in G.O. No.212 dated 28.3.1974.
After the cut off date i.e. 1.4.1982 the basis of option changed and the earlier basis was also changed.
Provident Fund The amount of subscription together with interest thereon, standing in the Provident Fund Account of a Government Servant opting for service in the Public Sector Undertaking may, if he so desires, be transferred to his new Provident Fund Account under the undertaking provided the undertaking also agrees to such a transfer.
No.378 issued by the Finance Department of the appellant State dated 18.4.1975 read with G.O.Ms.
Two categories of cases were filed one related to cases where pension was denied on the ground that the applicants had number put in the qualifying service of 10 years.
So the question of asking for any option did number arise and in that background the employees had opted for provident fund scheme.
Initially, the employees were sent to the said Corporations on deputation.
The Government referred to G.O. No.212 to deny the benefit.
Background facts as highlighted by the appellants are essentially as follows The respondents were employees of the erstwhile Transport Department in the State of Tamil Nadu.
No.378 of the Finance Department dated 23.9.1985.
Acting on the basis of demand raised by certain employees the aforesaid O. No.212 dated 28.3.1974 was issued extending pensionary benefits and called for exercising options either to remain in the existing scheme or to companye under pension scheme.
381 382 of 2002 The Commissioner and Secretary Appellant to Government, Transport Department, Fort.
As per General Provident Fund Tamil Nadu Rules, the Provident Fund accumulation shall companytinue to carry interest at the numbermal rate till final payment or transfer of provident fund accumulation.
No.378, Transport Department, dated 23.9.1985.
Till 1972 the public transportation was managed and run as a Government Department companyferring the status of Government servants to all employees of the State Transport Department.
The Government have decided to grant similar benefits to Government servant permanently absorbed under all other public undertakings under the State Government and pass the following orders in regard to the issues relating to liabilities of Pension and Gratuity, Provident Fund, Earned Leave, Family Pension companymutation of leave to those opted to the service of the State owned Corporations Boards Undertakings.
Their services were companynted from the date of permanent absorption in the Transport Department instead of their date of entry into service on 15.9.1975 i.e. the date of absorption in Transport Corporations and in the second type of cases the employees were number given benefit of pension while in service in the Transport Corporation as per G.O.Ms.
But the pension offered in the said G.O.Ms.
Pursuant to the policy decision of the State, Corporations were formed.
One was the pensionary scheme under Madras Liberalised Pension Rules, 1960 in short Liberalised Rules and other was known as Non Pensionary Contributory Provident Fund Scheme in short the Provident Fund Scheme under the Tamil Nadu State Transport Department Operation Subordinate Retiring Invalid and Compassionate Gratuity Non Pensionable Establishment Rules.
As there was reluctance on their part to be absorbed with the Transport Corporations giving up their status and benefits available to government servants, the Government by G.O.Ms.
ORDER In the G.O. second read above certain terminal benefits relating to Pension, Gratuity, Provident Fund, Earned Leave, Family Pension, etc.,
BY ORDER OF THE GOVERNOR GUHAN SECRETARY TO GOVERNMENT.
With Civil Appeal Nos.
Hence, they filed applications before the Tribunal with a prayer that direction be given to the present appellants to pay the eligible pension to the applicants before the Tribunal for services rendered by them in the transport department in terms of G.O.Ms.
When the G.O. was issued certain doubts were entertained as to under which scheme the companycerned employees were companyered.
No.378 dated 18.4.1975 issued orders offering pension for the services rendered in the Transport Department while they served in the transport companyporations.
The State of Tamil Nadu was at the relevant point of time following two types of schemes.
By the impugned judgment, the Tribunal held that respondents were entitled to pension in terms of G.O.Ms.
Certain benefits were granted on 18.7.1975 to the employees engaged by the Public Sector Undertakings and the State Government.
It is to be numbered that the Tribunal proceeded on the basis as if G.O.378 superseded G.O 212.
St. George, Madras ARIJIT PASAYAT, J. These appeals are directed against the judgment of the Tamil Nadu Administrative Tribunal, Madras in short the Tribunal disposing of several applications filed by the respondents.
Pension and Gratuity In addition to pay in the public undertaking an optee will be entitled to pension gratuity earned by him in Government service prior to the such absorption.
