M.KANAGASUNDARAM Vs. THE STATE OF TAMIL NADU, REP. BY THE SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, CHENNAI & ORS.

JUDGEMENT

(1.) This Writ Appeal has been filed by the appellant to set aside the Order dated 05.03.2013, made in W.P.(MD)No.322 of 2012.

(2.) The appellant is the petitioner in W.P.(MD) No. 322 of 2012. He filed the writ petition for a direction to the respondents to provide pensionary benefits including monthly pension to him subsequent to the date of his voluntary retirement i.e., on 31.12.1999 with arrears and interest.

(3.) According to the appellant, after his service as a Driver on daily wages, on temporary basis, in Tamil Nadu State Transport Corporation, Virudhunagar Region, his probation was declared by order, dated 22.07.1982, and his service was confirmed as a Driver in the Pandiyan Roadways Corporation Ltd., Virudhunagar Branch, with effect from 27.07.1982. He was admitted in the Provident Fund Scheme on 01.03.1981. At his request, he was permitted to go on voluntary retirement on 31.12.1999. He applied for pensionary benefits. The same was rejected on the ground that as per Rule 16(a)(ii) of the Tamil Nadu Transport Corporation Employees Pension Fund Rules [hereinafter referred to as "the Rules"], he has not put in 20 years of service. He has put in only 18 years, 8 months and 25 days of service. Therefore, he has filed W.P.(MD) No. 322 of 2012, for the relief stated supra.