1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated :: 09..04..2011 Coram:: THE HONOURABLE MS. JUSTICE K. SUGUNA and THE HONOURABLE MR. JUSTICE A.ARUMUGHASWAMY Writ Appeal (MD)No.381 of 2011 and M.P.(MD)No.2 of 2011 1. The Managing Director, Tamil Nadu State Transport Corporation (Madurai), Madurai. 2. The General Manager, Tamil Nadu State Transport Corporation Madurai, Nagercoil Division, Rarithottom, Nagercoil, Kanyakumari District. ... Appellants - Vs - 1. N. Sundaram Nadar, S/o. Nallathampi, 5/120/112-A, Kaazhamutram, Paiakulam Post, Kanyakumari District. 2. The Government of Tamil Nadu, Rep. by its Special Commissioner & Secretary to Government, (Transport's) Department, Fort. St. George, Chennai - 600 009. 3. The Director of Treasuries & Accounts, Panagal Buildings, Jennis Road, Saidapet, Chennai - 600 015. 4. The Director of Pension, Pension Pay Office, No.807, V Floor, Anna Salai, Chennai. ...Respondents Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 31.03.2010 of the learned Single Judge in W.P.(MD)No.3517 of 2008. Prayer in WP.3517 of 2008:- Petition under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus, calling for the records on the file of the 5th respondent pertaining to its order dated 7.3.2007 bearing Letter No.94/Nir 4/TNSTC (M) Nagar/07 and quash the same and consequently direct the respondents to forthwith extend the Government Pensionary benefits to the petitioner from the date of retirement from 31.12.1995 (Prayer amended as per order dated 20.03.2009 in M.P.(MD)No.1 of 2008 in WP(MD)No.3517 /2008). For Appellants :: Mr.S.Royce Emmanuel https://hcservices.ecourts.gov.in/hcservices/ 2 J U D G M E N T (Judgment of the Court was delivered by A.ARUMUGHASWAMY, J.) As against the order passed by the learned Single Judge dated 31.03.2010 in W.P.(MD)No.3517 of 2008, Tamil Nadu State Transport Corporation has preferred this Writ Appeal. 2. Originally, the first respondent herein has filed a writ petition before this Court in W.P.(MD)No.3517 of 2008 seeking to quash the order of the second appellant herein and for a further direction to the respondents to forthwith extend the Government Pensionary benefits to him from the date of retirement from 31.12.1995. 3. The learned Single Judge, by an order dated 31.03.2011quashed the impugned order of the second appellant herein and allowed the said writ petition. Hence, this Writ Appeal. 4. The contention of the learned counsel appearing for the appellant is that the total years of actual service rendered by the first respondent comes to 9 years 9 months and 15 days, which is short of 2 months and 15 days for the completed 10 years of service, which is the requirement for grant of pension as per the Pension Rules and therefore, this Writ Appeal has to be allowed. 5. A perusal of the records would go to show that the first respondent was employed as a Driver on daily wages with effect from 07.04.1972; his service was regularized on 01.06.1973 and he attained the age of superannuation on 31.12.1995. Originally, the first respondent was working in the Tamil Nadu State Transport Department, thereafter he was absorbed in Kattabomman Transport Corporation with effect from 01.05.1975. 6. As far as the contention of the learned counsel appearing for the appellant that the first respondent has not put up the required qualifying service is concerned, it is relevant to extract Rule 43(3) of the Tamil Nadu Pension Rules, which reads as follows:- "43(3) In calculating the length of qualifying service, fraction of a year equal to three months and above shall be treated a completed one half year and reckoned as qualifying service". 7. Relying on the above said Rule, the learned Single Judge has allowed the writ petition, stating that the first respondent has put up the required qualifying service. We do not find any infirmity in the said order of the learned Single Judge. Hence, this writ appeal is liable to be dismissed. 8. Accordingly, this writ appeal is dismissed. However, there will be no order as to costs. Consequently, the connected M.P.(MD)No.2 of 2011 is also dismissed. Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar (C.S) https://hcservices.ecourts.gov.in/hcservices/ 3 To 1. The Special Commissioner & Secretary to Government, The Government of Tamil Nadu, (Transport's) Department, Fort. St. George, Chennai - 600 009. 2. The Director of Treasuries & Accounts, Panagal Buildings, Jennis Road, Saidapet, Chennai - 600 015. 3. The Director of Pension, Pension Pay Office, No.807, V Floor, Anna Salai, Chennai. 4. The Managing Director, Tamil Nadu State Transport Corporation (Madurai), Madurai. 5. The General Manager, Tamil Nadu State Transport Corporation Madurai, Nagercoil Division, Rarithottom, Nagercoil, Kanyakumari District. + 1 cc to M/s.Royce Immanuel, Advocate, SR No.13719 + 1 cc to Mr.T.Jeen Joseph, Advocate, SR No.13767 + 1 cc to The Special Government Pleader, SR No.13417 W.A.(MD)No.381 of 2011 and M.P.(MD)No.2 of 2011 09.04.2011 Dpn/- RJ/9.5.11 3p/9c https://hcservices.ecourts.gov.in/hcservices/