SECRETARY, TRANSPORT DEPARTMENT, SECRETARIAT Vs. K A PADMAVATHI; MANAGING DIRECTOR, METROPOLITAN TRANSPORT CORPORATION

JUDGEMENT

(1.) The appellant is aggrieved by the order passed by the learned Single Judge quashing sub clause (a) of Clause 5 of the Government Order in G.O.Ms.No.42, Transport, dated 27 May 2005, excluding the period of daily paid services, leave on loss of pay and suspension, while computing the total period of service for payment of pension.

(2.) The first respondent filed a Writ Petition in W.P.No.30820 of 2008 before the writ Court, challenging clause 5(a) of the Government Order in G.O.Ms.No.42, Transport Department, dated 27 May 2005, as it is opposed to the provisions of Tamil Nadu Pension Rules. The learned Single Judge allowed the Writ Petition and directed the respondents to grant pension to the 1st respondent. Feeling aggrieved, the appellant is before us.

(3.) We have heard the learned Government Pleader appearing on behalf of the appellant, learned counsel for the 1st respondent and the learned Standing Counsel for the 2nd respondent.