Home / News / Pay enhanced DA to Transport dept retired employees: HC to Tamil Nadu govt

Pay enhanced dearness allowance (DA) to 86,000 retired employees of the state transport corporations, the Madras High Court directed the Tamil Nadu government and the Administrator of Tamil Nadu State Transport Corporation Employees Pension Fund Trust on Saturday. The high court has asked the state government to pay the enhanced dearness allowance to the retired employees with effect from November 2022 onwards.

The high court also observed that “when thousands of buses are being operated by the Transport Corporations throughout the state and time and again the government comes forward to give financial assistance of several crore of rupees to bail out their financial condition, yet their pathetic situation has not improved."

Justice J Sathya Narayana Prasad observed, “This past history and the present situation would clearly disclose that all is not well in the very administration and the functioning of the transport corporations."

The judge gave the direction while disposing of a sub-application arising out of a contempt petition from the State Transport and Transport Corporations Retired Employees Welfare Association, recently.

The application sought to re-open the contempt application, which had been filed in 2014 as the Trust had not implemented the orders passed in the original writ petition filed in 2012.

The Additional Advocate-General replied in the affirmative when the court asked whether the DA is being paid to the employees of the other departments.

When the government replied that since the number of employees are much less in other departments compared to that of the State Transport Corporations, where there are 66,000 pensioners and 20,000 family pensioners, the monthly terminal expenditure to be incurred by the State Government will be 81 crore approximately, the court said it was a clear case of discrimination.

The judge said, “There is no justification in the above reply given by the AAG and the same cannot be justified or sustained under any circumstances and it is a clear case of discrimination and which is a violation of Article 14 of the Constitution."

The judge observed that the pensioners of the State Transport Corporations are being deprived, discriminated against and isolated with regard to payment of enhanced DA.

The judge wondered why such a discriminatory attitude was being adopted by the authorities towards the retired employees of the transport corporations. 

"Hence, this Court is of the considered view that the financial crunch cannot be a ground for depriving the enhanced DA to the pensioners, since the same has been extended to all the other department employees and even for the serving Transport employees, the judge said.

(With agency inputs)

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