LAWS(MAD)-2011-2-772

K SAHUL HAMEED Vs. GOVERNMENT OF TAMIL NADU; TAMIL NADU STATE TRANSPORT CORPORATION (MADURAI) DIVISION LTD

Decided On February 25, 2011
K SAHUL HAMEED Appellant
V/S
GOVERNMENT OF TAMIL NADU; TAMIL NADU STATE TRANSPORT CORPORATION (MADURAI) DIVISION LTD Respondents

JUDGEMENT

(1.) The Petitioner in W.P(MD) No. 10046 of 2006 has filed the writ petition seeking the relief of Writ of Declaration declaring that Rule 16(a)(ii) of the Tamil Nadu State Transport Corporation Employees Pension Rules and consequential order dated 17.09.2004 passed by the first Respondent in letter No. 15639/T/2004-1 in rejecting the Petitioner claim for pension on the basis of Rule 16(a)(ii) and the action of the Respondents in not counting the service prior to the date of the Petitioner's regularization for which P.F. Contributions were received, as qualifying pensionable service, as illegal, arbitrary and unconstitutional and consequently, direct the Respondents to pay the Petitioner monthly pension with effect from 01.01.2000 to till date and continue to pay monthly pension to the Petitioner in future every month.

(2.) The Petitioner in W.P(MD) No. 10047 of 2006 has filed the writ petition seeking the relief of Writ of Declaration declaring that Rule 16(a)(ii) of the Tamil Nadu State Transport Corporation Employees Pension Rules as illegal, arbitrary and unconstitutional and consequently, direct the Respondents to pay the Petitioner monthly pension with effect from 31.05.2000 to till date and continue to pay monthly pension to the Petitioner in future every month.

(3.) The Petitioner in W.P(MD) No. 10048 of 2006 has filed the writ petition seeking the relief of Writ of Declaration declaring that Rule 16(a)(ii) of the Tamil Nadu State Transport Corporation Employees Pension Rules and consequential order dated 18.09.2002 passed by the second Respondent in Reference No. Makathu/Oyvuthiyam/448 in rejecting the Petitioner's claim for pension on the basis of Rule 16(a)(ii) as illegal, arbitrary and unconstitutional and consequently, direct the Respondents to pay the Petitioner arrears of monthly pension with effect from 31.03.1999 to till date and continue to pay monthly pension to the Petitioner in future every month.