2005 (2) TMI 834 - SC - Indian Laws

Summary

Issues:
1. Validity of fixation of cut-off date for granting pensionary benefits to government servants absorbed in State Road Transport Corporations.
2. Determination of appropriate cut-off date for eligibility for pension.
3. Payment of arrears of pension to retired employees.
4. Review petition filed by the Government of Tamil Nadu regarding the eligibility for pension for employees retiring on or after 1.1.1988.

Issue 1: Validity of fixation of cut-off date for granting pensionary benefits to government servants absorbed in State Road Transport Corporations
The High Court of Madras declared the fixation of the cut-off date as 1.5.1975/15.9.1975 illegal and arbitrary. On appeal to the Supreme Court, it was confirmed that the absorption process did not take place in 1975 itself. The Supreme Court directed the cut-off date to be fixed as 1.4.1982 instead of the previous dates mentioned in the government orders. The Court emphasized that the entitlement to pensionary benefits arises if the employees had completed ten years of qualifying government service by the specified date.

Issue 2: Determination of appropriate cut-off date for eligibility for pension
The Supreme Court, in modifying the cut-off date to 1.4.1982, directed the appellants to extend pensionary benefits to eligible employees based on this date. The Court ordered the payment of arrears of pension to retired employees from 1.1.1988, considering the delay in seeking the remedy after the options were exercised. The government was instructed to adjust the monetary benefits accordingly for employees eligible for pension.

Issue 3: Payment of arrears of pension to retired employees
The judgment specified that retired employees should receive pension arrears from 1.1.1988, with the government directed to fix the pension and make arrear payments within four months from the date of the judgment. The Court emphasized the importance of timely implementation of pension benefits for eligible retirees.

Issue 4: Review petition filed by the Government of Tamil Nadu regarding the eligibility for pension for employees retiring on or after 1.1.1988
The review petition raised contentions regarding the eligibility for pension for employees retiring on or after 1.1.1988. The Supreme Court dismissed the review petition, stating that there was no need to rehear arguments on merits. The Court clarified that the issue of pension eligibility for employees retiring after 1.1.1988 could not be subject to review or clarification. The time for implementation of the judgment was extended by four months, and certain interlocutory applications were dismissed as unnecessary.