Judgment :- (PRAYER IN W.P.No.5856 of 2006: This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorarified Mandamus, calling for the records of the 1st respondent in G.O.Ms.No.42 dated 27.05.2005 in so far as the applicability of para 5(a) and 5(b) relating to fixing of cut off date as 01.09.1998 for grant of pension under the said G.O.and quash the same in so far as the petitioner's Association is concerned and direct the respondents to forthwith extend the Government Pensionary benefits to the members of the Petitioner's Association who retired on or after 01.09.1998 in the light of the directions of the Hon'ble Supreme Court in Civil Appeal Nos.1444 and 1445 of 1999 dated 29.10.2003 and in the Review Petition Nos.648 and 649 of 2004 dated 01.02.2005. PRAYER IN W.P.No.6891 of 2006: This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorarified Mandamus, calling for all the connected and relevant records relating to G.O.Ms.No.42, Transport Department dated 27.05.2005 passed by the first respondent and quash the same in so far as paragraph 5(b) of the G.O. is concerned and direct the first respondent to sanction and pay to the petitioner, his Government pensionary benefits for the petitioner’s Government service rendered in the erstwhile Tamil Nadu State Transport Department taking into account the cut-off date fixed as 01.04.1982 and pay his arrears of pension from 01.01.1988 as per the directions of the Hon’ble Supreme Court of India in its judgment dated 29.10.2003 in Civil Appeals Nos.1444-1445 with 1446-1452 of 1999 and C.A.No.8507 of 2003. PRAYER IN W.P.No.23181 of 2006: This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorarified Mandamus, to quash G.O.Ms.No.42, dated 27.05.2005 issued by the Respondent Government after calling for the records from the Respondent inasmuch as para 5(b) is concerned, as illegal and unconstitutional and consequently direct the respondent to pay pension to all the employees of State Transport Corporations, who retired after 01.09.1998 for the services rendered by them in the Transport Department of the Government as per G.O.Ms.No.378, dated 18.04.1975, read with G.O.Ms.No.1028, dated 23.09.1995, as interpreted by the Supreme Court in 2003(10) SCC 503 with arrears with penal interest of 18% per annum.) These writ petitions are filed challenging G.O.Ms.No.42 dated 27.05.2005 passed by the Government in so far it relates to paragraph 5(b) and consequently to direct the respondents to pay pension to all the employees of the State Transport Corporations who retired after 01.09.1998 for service rendered by them in the Tamil Nadu State Transport Department as per G.O.Ms.No.378 dated 18.04.1975 read with G.O.Ms.No.1028 dated 23.09.1995 and in the light of the order of the Hon’ble Supreme Court in Civil Appeal No.1444 & 1445 of 1999 order dated 20.10.2003 and reported in 2003(10) SCC 503 and subsequent review petition in Review Petition No.648 and 649 of 2004 dated 01.02.2005 along with interest at the rate of 18% per annum. 2. The writ petitioners in W.P.No.5856 of 2006 and W.P.No.23181 of 2006 are the registered Associations consisting of retired employees of the Tamil Nadu State Transport Department of the Government and the Tamil Nadu State Transport Corporations with the object of protecting the welfare and common interest of its members. 3. The writ petitioner in W.P.No.6891 of 2006 was appointed as a Conductor by the Director of Tamil Nadu State Transport Department, Chennai - 2 and he joined on 01.01.1971. Subsequently he was absorbed in the present State Express Transport Corporation Ltd., and retired from service on attaining the age of superannuation on 31.05.2001 and he has completed more than 10 years of government service as on 01.04.1982 and became eligible to get Government pension from 01.01.1988 on wards as per the judgment of the Hon’ble Supreme Court. Subsequently he was absorbed in the present State Express Transport Corporation Ltd., and retired from service on attaining the age of superannuation on 31.05.2001 and he has completed more than 10 years of government service as on 01.04.1982 and became eligible to get Government pension from 01.01.1988 on wards as per the judgment of the Hon’ble Supreme Court. The facts leading to filing of the present writ petitions as mentioned in the affidavit filed by the petitioners in support of their writ petitions are as follows:- 4. The erstwhile employees of the Tamil Nadu State Transport Department which were forming part of the Government Department and consequently the employees were treated as Government servants and were working for more than 10 years, were absorbed permanently in the Tamil Nadu State Transport Corporations after the year 1973, when the Corporations were created for various districts and ultimately it was on 15.09.1975, the Tamil Nadu State Transport Department was wound up and all assets and liabilities were transferred to the Tamil Nadu State Transport Corporations in the respective districts. It was at the time of absorption into the Tamil Nadu State Transport Corporations it was assured that they would continue to receive the same emoluments and enjoy the same conditions of ‘Service’ and privileges till such time the Tamil Nadu State Transport Corporations framed their own rules. As far as the employees were concerned they continued to function in the same place except that the name of the employer was changed as the Tamil Nadu State Transport Corporation. The change over from Government service to Corporation service was not a matter of choice of employees. As per G