Mrs.S.Lakshmi, v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.03.2017
CORAM:
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.5098 of 2017 Mrs.S.Lakshmi ..
Petitioner Vs.
1. The State of Tamil Nadu, Rep. by its Secretary, Transport Department, Secretariat, Chennai - 600 009.
2. The Managing Director, State Express Transport Corporation, (Old Name Thiruvallur Transport Corporation) Pallavan Salai, Chennai - 600 002.
3. The Commissioner, Employees Provident Fund, Regional Office, No.20, Royapettah High Road, Chennai - 600 014. ..
Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus direct the 1st Respondent to grant Family Pension and for payment of arrears of Family pension to the Petitioner from 28-07-2011, the day following the date of the death of the petitioner's husband by following the judgments in W.A.No.1246 of 2009 dated 18-08-2010 and in W.P.No.33975 of 2005 dated 20-09-2011 and in W.P.No35674 of 2005 dated 20-09-2011 and in W.P.Nos.25880, 25881 of 2015 dated 20-08-2015 and in W.P.No.144 &145 of 2017 dated 04.01.2017. For Petitioner : M/s. V.S.Jagadeesan For Respondents : Mr.P. Chinnadurai, GA for R1 Mr.P.Kannan Kumar for RR2 & 3
ORDER
By consent, the writ petition is taken up for final disposal. Mr.P.Chinnadurai, learned Government Advocate accepts notice on behalf of the 1st respondent and Mr.P.Kannan Kumar, learned Standing Counsel accepts notice on behalf of the respondents 2 and 3.
The petitioner would aver that her husband K.Sundaresan was appointed as a Conductor in the services of the erstwhile State Transport Department on 01.12.1965 and his service was also regularised and on account of formation of various Transport Corporations, the services of her husband got absorbed in the 2nd respondent Corporation as Conductor [Staff No.2850]. The petitioner's husband got his promotion to the post of Checking Inspector and after rendering 33 years of service, retired from service on attaining the age of superannuation on 30.06.1998 and sometime thereafter, he died on 27.07.2011. It is further stated by the petitioner that her husband, while in service, made contribution to the EPF Scheme, 1995 till the date of his superannuation, viz., on 30.06.1998 and thereafter, he was in receipt of pension under EPF Scheme till his demise and was receiving a sum of Rs.550/- towards Family Pension and it is a very meager amount when compared to the inflationary rate and cost of living.
It is also stated by the petitioner that as per G.O.Ms.No.378, Finance [FR-III] Department dated 18.04.1975, an optee is entitled to receive pension, gratuity earned by him in the Government service, prior to such absorption, in addition to the salary etc., in the Public Sector Undertaking and it is followed by G.O.Ms.No.284 of the very same Department dated 31.03.1980 and G.O.Ms.No.1028 of the 1st respondent Department dated 23.09.1985, wherein the crucial date for permanent absorption in the Transport Corporation was fixed as 01.05.1975/15.09.1975 and accordingly, an employee who had put in ten years of net qualifying Government service as on those dates, became eligible to get pension with effect from the date of their absorption in addition to their salaries in the Corporation even while in service.
According to the petitioner, her husband had fulfilled the said criteria and he was entitled to receive the same and on his demise, the petitioner, being a widow, is also entitled to receive Family Pension as well as the arrears with effect from 28.07.2011-the date following the date of the demise of her husband.
Mr.V.S.Jagadeesan, learned counsel appearing for the petitioner would submit that the matter in issue is no longer res integra for the reason that the persons similarly
placed like that of the petitioner, has approached this Court and obtained various orders and the 1st respondent had also implemented the same, vide G.O.[3D] Nos.20, 22 and 23 dated 18.07.2013 ; 25.07.2013 and 25.07.2013 respectively and in similar facts and circumstances, this Court had also passed orders in WP.Nos.25880, 25881/2015 and 144 & 145/2017 dated 20.08.2015 and 04.01.2017 respectively and prays for appropriate orders.
The Court heard the submissions of Mr.P.Chinnadurai, learned Government Advocate appearing for the 1st respondent and Mr.P.Kannan Kumar, learned Standing Counsel appearing for the respondents 2 and 3.
This Court, taking into consideration, the submissions made by the learned counsel for the petitioner and in the light of the other facts and circumstances and without going into the merits of the same, the 1st respondent is directed to consider and dispose of the petitioner's representation dated 27.12.2016 on merits and in accordance with law, after taking note of the above cited three orders and pass appropriate orders within a period of ten weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner.
The writ petition stands disposed of with the above direction. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar AP To 1 The Secretary State of Tamil Nadu, Transport Department, Secretariat, Chennai - 600 009.
2. The Managing Director, State Express Transport Corporation, (Old Name Thiruvallur Transport Corporation) Pallavan Salai, Chennai - 600 002.
3. The Commissioner, Employees Provident Fund, Regional Office, No.20, Royapettah High Road, Chennai - 600 014.
+1cc to Mr.V.S. Jagadeesan, Advocate, S.R.No.13266 +1cc to Mr.P. Kannan Kumar, Advocate, S.R.No.13503 mp(CO) md(16/03/2017) W.P.No.5098 of 2017