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.835 of 2011 and M.P.No.2 of 2011 The General Manager, Tamil Nadu State Transport Corporation, (Kumbakonam Division -4) Ltd., Pudukkottail. : Appellant/2nd Respondent Vs. 1.The Secretary to Government of Tamil Nadu, Transport Department, Fort.St.George, Chennai 600 009. ..1st Respnodent/1st Respondent 2.V.Shanmugavel : 2nd Respondent/Petitioner PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent against the Order dated 20.10.2010 made in W.P.(MD). No.10679 of 2005 on the file of this Court. Prayer in WP.No.10679/2005:- Writ Petition filed under Article 226 of the Constitution of India praying for the issue of a Writ of Certiorarified Mandamus, to call for the records of the 2nd respondent in his Proceedings Ref. No.TNSTC/Kumbakonam Division- 4/Administration/B4/1043, dated 28.5.2003 and quash the same as far as Clause 1 is concerned and consequenlty direct the respondents to pay the voluntary retirement pension as per Rule 16(a) (ii) of the Tamilnadu State Transport Employees Pension Fund Rules as per the Petitioner's representation dated 14.5.2005 made to the 2nd respondent. For Appellant : Mr.M.Prakash For Respondent 1 : Mr.R.Karthikeyan Additional Government Pleader For Respondent 2 : Mr.F.Deepak JUDGMENT ************* [Judgment of the Court was delivered BY P.JYOTHIMANI, J] This Writ Appeal is directed as against the order of the learned Single Judge dated 20.10.2010 made in W.P.(MD).No.10679 https://hcservices.ecourts.gov.in/hcservices/ 2 of 2005, by which the learned Single Judge, relying upon Rule 13 (a) of the Tamil Nadu State Transport Employees Pension Fund Rules, has allowed the said Writ Petition with a direction to the appellant herein to consider the representation of the second respondent/Writ Petitioner and grant pension within a period of ten weeks from the date of receipt of a copy of the order. 2. The issue involved in this Writ Appeal is covered by a Judgment of a 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 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." 3. The said finding given by the Division Bench 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 20.10.2010 made in W.P.(MD).No.10679 of 2005, is confirmed and the Writ Appeal stands dismissed. No costs. Consequently, connected Miscellaneous Petition is also dismissed. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub-Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The General Manager, Tamil Nadu State Transport Corporation, (Kumbakonam Division -4) Ltd., Pudukkottail. 2.The Secretary to Government of Tamil Nadu, Transport Department, Fort.St.George, Chennai 600 009 +One cc to M/s.M.Prakash, Advocate, SR.No.30461 NB rl/4c – 19.9.2011 JUDGMENT MADE IN W.A.(MD).No.835 of 2011 08.09.2011 https://hcservices.ecourts.gov.in/hcservices/