1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.09.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI AND THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.A.(MD).No.800 of 2011 and M.P.No.2 of 2011 1.The Managing Director, Tamil Nadu State Transport Corporation, Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai 600 002. 2.The General Manager, Zonal Office, Maruthupatti, Managiri Road, Karaikudi, Sivagangai District. : Appellants Vs. P.Sridharan : Respondent PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent against the Order dated 08.01.2010 made in W.P.(MD).No.8010 of 2009 on the file of this Court. For Appellant : Mr.M.Prakash For Respondents : Mr.J.Anandkumar JUDGMENT [Judgment of the Court was delivered BY P.JYOTHIMANI, J] This Writ Appeal is directed against the order of the learned Single Judge dated 08.01.2010 made in W.P.(MD).No.8010 of 2009, by which the learned Single Judge, following a Judgment of a Division Bench of this Court dated 20.03.2008 made in W.A.(MD).No.585 of 2007, wherein it has been held that having accepted such voluntary retirement on the assumption that the employee had completed 20 years of service, now the appellant Corporation cannot turn back and contend that because of non – completion of 20 years of service, the first respondent therein was not eligible to pension, has allowed the said Writ Petition with a direction to the appellants herein to process the pension papers forthwith and consider the claim of the respondent herein. This has been subsequently considered by another Division Bench of this Court in W.A.(MD).No.219 of 2009, dated 24.07.2009, wherein in Paragraph No.4, it has been held as follows:- "4. The appellants have therefore, accepted that the respondent has rendered 20 years of service for the purpose of voluntary retirement, but he did not render 20 years of service for the purpose of pension. Such a reasoning is on the face of it absurd. Further, the learned Single Judge has relied upon a order dated 20.03.2008 in https://hcservices.ecourts.gov.in/hcservices/ 2 W.A.(MD).No.585 of 2007 while allowing the Writ Petition and the following passage in the order in W.A.(MD).No.585 of 2007 is extracted below as it squarely applies to this case also. In the peculiar facts and circumstances of the present case, we do not feel that it is necessary to delve into this question, as in our opinion, if the present first respondent had not completed 20 years of service, he was not eligible for seeking voluntary retirement under the scheme provided by the Transport Corporation and therefore, at that stage, the Transport Corporation should not have accepted such voluntary retirement. Having accepted such voluntary retirement on the assumption that the employee had completed 20 years of service, now the appellant Corporation cannot turn back and contend that because of non – completion of 20 years of service, the present first respondent was not eligible to pension. Therefore, in our considered opinion, the order passed by the learned Single Judge does not require any interference." 2. The said finding given by the Division Bench as against the present appellants has become final. In such view of the matter, we do not see any reason to interfere with the order of the learned Single Judge. Therefore, the order dated 08.01.2010 made in W.P.(MD). No.8010 of 2009 is confirmed and the Writ Appeal stands dismissed. No costs. Consequently, connected Miscellaneous Petition is also dismissed. Sd/- Assistant Registrar(RTI ) /True Copy/ Sub Assistant Registrar To 1.The Managing Director, Tamil Nadu State Transport Corporation, Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai 600 002. 2.The General Manager, Zonal Office, Maruthupatti, Mangiri Road, Karaikudi, Sivagangai District. +1cc to Mr.M.Prakash, Advocate, Sr.No.30462 +1cc to Mr.J.Anandakumar, Advocate, Sr.No.30693 JUDGMENT MADE IN W.A.(MD).No.800 of 2011 08.09.2011 NB SMA/20.9.2011/5C/2P https://hcservices.ecourts.gov.in/hcservices/