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2023 Supreme(Mad) 1228

T. RAJA, D. KRISHNAKUMAR
Management of Tamil Nadu Transport Corporation (Kumbakonam) Ltd. , Represented by its Managing Director, Kumbakonam – Appellant
Versus
P. Perumal (Died) – Respondent


Advocates appeared:
For the Appellants:A. Kannan, Advocate. For the Respondents:A. Rahul, Advocate.

JUDGMENT

(Prayer: Appeal filed under Clause 15 of the Letters Patent against the order dated 10.01.2022 passed by this Court in W.P.(MD)No.3037 of 2014.)

T.RAJA, ACJ.

1. This Writ Appeal is directed against the impugned order dated 10.01.2022 passed by the learned Single Judge in W.P.(MD)No.3037 of 2014, accepting the case of the writ petitioner viz., Perumal (died) that he is eligible to get pension as he was put in qualifying pensionable service viz., 9 years and 8 months, which has been rounded off to 10 years as per Rule 13(a) of Tamil Nadu State Transport Corporation Employees Pension Fund Rules, which is given as under:

“13.DETERMINATION OF ELIGIBLE SERVICE

The eligible service shall be determined as follows:

(a) In the case of a “New Entrant” entering into service on or after 01.09.1998, the “actual service” shall be treated as eligible service. The total actual service shall be rounded off Page 2 of 9 to the nearest year. The fraction of service for six months or more shall be treated as one year and the service less than six months shall be ignored.”

2. Heard the parties on both sides.

3. Writ Petitioner joined in the service of the Appell

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