1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.09.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI AND THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.A.(MD).No.926 of 2011 and M.P.No.2 of 2011 The management of Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Rep by its Managing Director, Kumbakonam. : Appellant Vs. 1.P.Chandra 2.The Administrator, Tamil Nadu State Transport Employees Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai 2. : Respondents PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent against the Order dated 19.10.2010 made in W.P.(MD).No.11620 of 2008 on the file of this Court. W.P.(MD).No.11620 of 2008: petition filed Under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus, directing the respondents to pay pension to the petitioner Under TNSTCEPF pension Scheme with arrears from 15.10.2007 with 18% interest. For Appellant : Mr.S.Baskaran For Respondent 1 : Mr.S.Arunachalam 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 19.10.2010 made in W.P.(MD).No.11620 of 2008, by which the Writ Petition filed by the first respondent herein seeking a direction against the appellant herein to pay pension to her under TNSTCEPF Pension Scheme with arrears from 15.10.2007, came to be allowed, however rejecting the claim of the first respondent for payment of 18% interest. 2. The main issue is that the first respondent's husband was employed in Government Service in which also he was getting pension and later he had joined the transport corporation under the scheme. The learned Single Judge, in our considered view, has correctly relied upon a Judgment of a https://hcservices.ecourts.gov.in/hcservices/ 2 Division Bench of this Court in Government of Tamil Nadu and others v. Tamil Nadu Government Transport Retired Employees Welfare Association and others reported in 2008 (2) LLN 216, wherein it has been held that the employees, who may earn pension from the State Government, if allowed pension by the Corporation for the service rendered by them in the Corporation, it will not amount to earning two pension in same service or post at the same time or by way of same continuos service and thereby, not covered under Rule 7 of the Tamil Nadu Pension Rules, and allowed the said Writ Petition. 3. In such view of the matter, we do not see any reason to interfere with the order of the learned Single Judge. Therefore, the Writ Appeal stands dismissed. No costs. Consequently, connected Miscellaneous Petition is also dismissed. NB Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To 1.THE MANAGING DIRECTOR, THE MANAGEMENT OF TAMIL NADU STATE TRANSPORT CORPORATION (KUMBAKONAM) LTD., KUMBAKONAM. 2.THE ADMINISTRATOR, TAMIL NADU STATE TRANSPORT EMPLOYEES PENSION FUND TRUST, THIRUVALLUVAR ILLAM, ANNA SALAI, CHENNAI 2. +1 CC TO M/S.BASKARAN, ADVOCATE SR.NO.32326. JUDGMENT MADE IN W.A.(MD).No.926 of 2011 Dated:20.09.2011 2P/4C RPB : 30.09.2011 https://hcservices.ecourts.gov.in/hcservices/