M.Marimuthu, vs The Tamil Nadu State Transport Corporation(Madurai) Ltd,

Court
Madras High Court

WP(MD) No. 31763 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03-11-2026
CORAM
THE HON'BLE MR. JUSTICE B.PUGALENDHI
WP(MD) No. 31763 of 2025
CNR:{HCMD011587432025}
M.Marimuthu,
S/o.Mariappan,
No.15A/49, SRV Surendran Nagar 6th street,
Ponmeni,
Madurai 625 016
..Petitioner(s)
Vs
1. The Tamil Nadu State Transport
Corporation(Madurai) Ltd,
Rep by its Managing Director,
Madurai 625 016
2. The General Manager,
The Tamil Nadu State Transport
Corporation(Madurai) Ltd,
Madurai Region,
Madurai 625 016
3. The Administrator,
The Tamil Nadu State Transport Corporation
Employees Pension Fund Trust, Thiruvalluvar
Illam, Pallavan Salai,
Chennai 600 002
..Respondent(s)
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying this court to issue a Writ of Mandamus directing the
respondents to revise petitioners pensionary benefits and calculate his
pension with effect from the date of making contribution to the Provident
Fund to till the date of Retirement i.e. from 02.11.1998 to 31.01.2024 and
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WP(MD) No. 31763 of 2025
treat the said period as pensionable service and consequently direct the
respondents to give him all the monetary benefits forthwith including
revised pension with arrears along with interest at the rate of 6 percent
per annum payable from 31.01.2024 to till the date of actual
disbursement.
For Petitioner(s) : Mr.A.Rahul
Advocate
For Respondent(s) : Mr.K.Ramaiah,
Standing Counsel for R1 and R2
Mr.S.C.Herold Singh,
Standing Counsel for R3
ORDER
The petitioner was appointed as a Conductor on daily wage basis
with effect from 02.11.1998 and thereafter, his service was regularized on
10.08.1999 and after rendering 25 years of service, he retired from
service on attaining the age of superannuation on 31.01.2024. The
petitioner claims that he became the member of the Employees’
Provident Fund Scheme with effect from 02.11.1998, the date on which,
he made his contribution to the Provident Fund. While computing his
service for pension, the respondents have take into account the service
period from the date of regularisation till the date of retirement, ie. from
10.08.1999 to 31.01.2024 instead of taking the service period from
02.11.1998. Therefore, he submitted a representation dated 27.10.2025
seeking to revise his pensionary benefits and calculate his pension with
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WP(MD) No. 31763 of 2025
effect from the date of making contribution to the Provident Fund till the
date of retirement i.e. from 02.11.1998 to 31.01.2024 and treat the said
period as pensionable service and also to provide all the monetary
benefits along with arrears.
2. The learned counsel appearing for the petitioner, by referring to
Judgments of the Division Bench of this Court passed in W.A.
(MD)No.387 of 2010, dated 25.08.2010 and W.A.(MD)Nos.1762 to 1766
of 2025 dated 09.07.2025, submits that the similar relief has been granted
to the similarly placed persons, against which, the Management has
preferred the above writ appeals and the same were dismissed by the
Division Bench of this Court, by confirming the orders of the learned
Single Judge. Therefore, the same relief may be extended to the
petitioner.
3. The learned Standing Counsel appearing for the respondents
have admitted the same.
4. A Division Bench of this Court in W.A.(MD)No.387 of 2010
dated 25.08.2010 (TNSTC vs. Periyasamy Pitchaimuthu), has passed an
order as under:
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WP(MD) No. 31763 of 2025
“6. According to the said Rule, in respect of all other
employees, the date of regular employment of becoming a
member of Employees’ Provident Fund Scheme in STU
will be reckoned for calculation of pensionable service.
Though as per the said Rule, the minimum period of ten
years is mentioned as an “Actual Service”, in the light of
the above provision, the actual period should be calculated
from the date when he became a member of the
Employees’ Provident Fund Scheme, ie., from 17.07.1996.
If the period from 17.07.1996 till 01.05.1997 is also taken
into consideration, the respondent would have more than
ten years of pensionable service. In such event, the
respondent would be entitled to pension. This finding of
the learned Single Judge, in our opinion, requires no
interference. The provision of Section 2(q)(iii) of the
Rules is also perused and the said provision would,
certainly, make the respondent entitled for pension by
taking into consideration of the period from when he
became the member of Employees’ Provident Fund
Scheme, ie. from 17.07.1996. Hence, we find no reason to
interfere with the order of the learned Single Judge.”
5. In another similar issue, the Division Bench of this Court, in
W.A.(MD)Nos.1762 to 1766 of 2025, dated 09.07.2025, has observed as
follows:
“6. ….. It is true that only a regular employee can
become a member of the pension scheme. When the
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WP(MD) No. 31763 of 2025
management enrolled the daily wage employee as a
member, it had collected the contribution premium under
the relevant pension scheme. They cannot now be heard to
contend that the temporary employee cannot be a member
of the pension scheme and that his pensionable service
will be reckoned only from the date of regularisation. It is
well settled that one cannot take advantage of one's own
wrong.”
6. In view of the aforesaid Judgments of the Division Bench of this
Court, this writ petition is disposed of with a direction to the respondents
to consider the case of the petitioner in the light of the Judgments passed
in W.A.(MD)No.387 of 2010 dated 25.08.2010 and W.A.(MD)Nos.1762
to 1766 of 2025, dated 09.07.2025 and to pay the eligible amount to the
petitioner, within a period of eight weeks from the date of receipt of a
copy of this order. No costs.
03-11-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
ogy
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WP(MD) No. 31763 of 2025
To
1. The Managing Director,
Tamil Nadu State Transport Corporation(Madurai) Ltd
Madurai 625 016
2. The General Manager
The Tamil Nadu State Transport Corporation(Madurai) Ltd
Madurai Region
Madurai 625 016
3. The Administrator
The Tamil Nadu State Transport Corporation Employees Pension
Fund Trust, Thiruvalluvar Illam, Pallavan Salai
Chennai 600 002
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WP(MD) No. 31763 of 2025
B.PUGALENDHI, J.
ogy
WP(MD) No. 31763 of 2025
03-11-2026
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