IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 8.7.2009 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR Writ Petition No.1917 of 2004 and W.P.M.P.No.2112 of 2004 Ramanathanan. ... Petitioner vs. The Management of Tamil Nadu State Transport Corporation Ltd., (Kumbakonam Division-I), represented by its Assistant Manager, Railway Station Road, Kumbakonam,Thanjavur District. ... Respondent Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, call for records from the respondent pertaining to the impugned order TNSTC/KU- I/PENSION/SPL/2001 dated 09.01.2004 and quash the same and consequently direct the respondent to give pension continuously to the petitioner. For Petitioner : Mr.P.Vijendran For Respondent : M/s.Jayesh B Dolia O R D E R The Writ Petition is filed praying to issue a Writ of Certiorarified Mandamus, call for records from the respondent pertaining to the impugned order TNSTC/KU-I/PENSION/SPL/2001 dated 09.01.2004 and quash the same and consequently direct the respondent to give pension continuously to the petitioner. 2. The writ petitioner was appointed as a driver in the respondent transport corporation on 1.10.1978. After completion of certain period of service, he opted for retirement under the voluntary retirement scheme. His request for voluntary retirement under the said scheme was accepted and was permitted to retire on 7.8.1999. According to the petitioner, he rendered 20 years and 8 months. He was 62 years at the time when he was relieved from service. According to the petitioner, he had paid the provident fund contribution from 1.10.1978 to 7.8.1999. On and from 8.8.1999 https://hcservices.ecourts.gov.in/hcservices/ (i.e.) the next day after the retirement under the voluntary retirement scheme till 30.11.2003, petitioner was receiving pension. On 9.1.2004, respondent by the impugned order stopped the pension. In the impugned proceedings, the stand of the respondent corporation is that the petitioner served for a period of 19 years, 8 month and 12 days only, whereas, according to the Tamil Nadu State Transport Corporation Employees Pension Fund Scheme Rules, petitioner has to complete 20 years of service. 3. Learned counsel for the petitioner submits that in his application for retirement through the voluntary retirement scheme, petitioner has clearly stated that he has completed 21 years of service and such statement was accepted and the petitioner was permitted to retire from service under voluntary retirement scheme and pension was paid from 8.8.1999 to 30.11.2003. Petitioner has placed his statement on record which was accepted by the respondent transport corporation. Without prejudice, accepting the stand of the respondent transport corporation that the petitioner has completed 19 years 8 months and 12 days only, in terms of Clause 13(a) of the Tamil Nadu State Transport Corporation Employees Pension Fund Rules, the fraction of service for six months and more should be treated as one year. Therefore, the petitioner having completed 19 years 8 months and 12 days, he is entitled to the benefit of Clause 13(a) of the above said Rules. Respondent having ignored this rule, which is binding on them, cannot deny the pensionary benefits and therefore, the impugned order is to be set aside. 4. Learned counsel for the respondent fairly conceded that this issue has been resolved by the First Bench of this Court in Writ Appeal No.1440 of 2007 (Managing Director, Tamil Nadu State Transport corporation (Villupuram Division III) Ltd., Kancheepuram) – vs. - Muruvammal) by its Judgment dated 19.11.2007. 5. The impugned order in this case deserves to be set aside solely on the ground that even on the statement of the respondent transport corporation, the petitioner has completed 19 years 8 months and 12 days of service and therefore Clause 13(a) of Tamil Nadu State Transport Corporation Employees Pension Fund Rules squarely applies to the facts of the present case and the stoppage of pension by the impugned order cannot be sustained and accordingly set aside. The writ petition is allowed as prayed with all consequential benefits. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Asst.Registrar /True Copy/ Sub.Asst.Registrar ts https://hcservices.ecourts.gov.in/hcservices/ To The Management of Tamil Nadu State Transport Corporation Ltd., (Kumbakonam Division-I), represented by its Assistant Manager, Railway Station Road, Kumbakonam, Thanjavur District. W.P.No.1917 of 2004 SSK(CO) EM/22.7.09 https://hcservices.ecourts.gov.in/hcservices/