The Management v. S.Jenovamary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.09.2018

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH AND THE HON'BLE MR.JUSTICE N.SATHISH KUMAR W.A.(MD)No.967 of 2018 and C.M.P. (MD) No.6475 of 2018 1.The Management, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Trichy Region, Rep. by its Managing Director, Trichy.

... Appellant/Respondent Vs.

1.S.Jenovamary ... 1st Respondent/Petitioner 2.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Anna Salai, Chennai - 600 002. ... 2nd Respondent/2nd Respondent Writ Appeal filed under Clause 15 of Letter Patent against the order passed by this Court in W.P.(MD)No.9815 of 2013 dated 13.06.2016.

Prayer in WP(MD). 9815/ 2013 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the Respondents to pay pension to the petitioner under the TNTCEPFS Pension Rules every month from 01.05.2012 with all arrears with 16% interest p.a. For Appellants : Mr.D.Sivaraman For 1st Respondent : Mr.S.Arunachalam For 2nd Respondent : Mr.A.P.Muthupandian

JUDGMENT

(Judgment of the Court was delivered by M.M.SUNDRESH, J) https://hcservices.ecourts.gov.in/hcservices/ The issue involved in this Writ Appeal is no longer res integra. It is with respect to the date of reckoning to be counted

for the commencement of payment of pension. The Division Benches of this Court in W.A.No.663 of 2017 dated 04.07.2008 and W.A.(MD) No.94 of 2010 dated 20.04.2010 were pleased to hold that the date of membership is the criteria as against regularization. In such view of the matter, we do not find any error in the order passed by the learned Single Judge.

2.Hence, this Writ Appeal stands dismissed. Consequently, connected Miscellaneous Petition is also dismissed. No costs. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar (CS-I) + 1 CC TO Mr.D.SIVARAMAN, ADVOCATE IN SR No. 82153 + 1 CC TO Mr.S.ARUNACHALAM, ADVOCATE IN SR No. 82424 SJ TE/RSK/SAR-1 : 24/09/2018 : 2P/3C W.A.(MD)No.967 of 2018 and C.M.P. (MD) No.6475 of 2018 03.09.2018 https://hcservices.ecourts.gov.in/hcservices/