K SIVADURAI Vs. MANAGING DIRECTOR, TAMIL NADU STATE TRANSPORT CORPORATION LTD , ADMINISTRATOR, TAMIL NADU STATE TRANSPORT CORPORATION EMPLOYEES, PENSION FUND TRUST AND ASST MANAGER (PENSION AND PF SECTION) T N S T C LTD

JUDGEMENT

(1.) The Petitioner was an Assistant working in the Respondent Tamil Nadu State Transport Corporation Limited. The Petitioner has filed the present writ petition, seeking to challenge an order dated 23.08.2006 passed by the second Respondent and the consequential order dated 27.11.2008 passed by the third Respondent and after setting aside the same seeks to sanction pension and other retiral benefits for his 26 years of service in the Corporation.

(2.) When the writ petition came up on 22.10.2010, the learned Standing Counsel for the Respondent Corporation took notice. Accordingly, he has filed a counter affidavit on behalf of the first Respondent dated 19.01.2011.

(3.) It is seen from the records that the Petitioner has made an application on 10.08.2006 to go on voluntary retirement. The said application was considered by the first Respondent and was rejected by an order dated 23.08.2006. In that order, it was stated that for the purpose of availing voluntary retirement, a workman must have put in 20 years of service and he must have completed 50 years. Subsequent to the said order, the Petitioner made an application stating that he may be medically discharged on ground of his hypertension. Therefore, the Petitioner was sent for medical examination by the Medical Board attached to the Government Mohan Kumaramangalam Medical College Hospital at Salem. The Medical Board found the Petitioner fit for duty vide Certificate dated 08.01.2007. The Medical Board on his allegation of hypertension merely stated that his leave for the relevant period may be sanctioned. It was thereafter the Petitioner by a letter dated 19.03.2007 resigned his post by citing family reasons as well as his health condition and also that he could not discharge his duty properly. His resignation was accepted by the General Manager of the Transport Corporation on 21.03.2007. He was also given Service Certificate. Subsequent to his resignation being accepted, the Petitioner's Provident Fund and other terminal benefits were settled. It was thereafter, the Petitioner was making several representations seeking for grant of pension on alternative grounds. When the same was not forthcoming, he has filed the present writ petition.