Mrs. K. Rajamani, v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.01.2017
CORAM:
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.1052 of 2017 Mrs.K.Rajamani ..
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 Ltd., (Old Name Thiruvalluvar Transport Corporation Ltd.,) Pallavan Salai, Chennai-600 002.
3.The Commissioner, Employees Provident Fund, Regional Office, No.20, Royapettah High Road, Chennai-600 014.
..
Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the first respondent to grant pension to the petitioner's late husband based on G.O.Ms.No.42, Transport dated 27.05.2005, fixing the cut-off date of his service in the Transport Department as 01.04.1982, construing that the petitioner's husband has put in 11 years and 12 days of service between 19.03.1971 to 01.04.1982 and to pay the same to the petitioner as lifetime arrears of pensionary benefits for the period 01.01.1988 to 21.12.1992 i.e., the date of death of the petitioner's late husband and to grant family pension to the petitioner from 22.12.1992 by following the judgements 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.No.35674 of 2005 dated 20.09.2011 and in W.P.No.11372 of 2016 dated 20.04.2015 and to pass such further orders.
For Petitioner : Mr.V.S.Jagadeesan For Respondents :
Mr.P.Sanjai Gandhi, Additional Government Pleader for R1 Mr.P.Kannan Kumar Standing Counsel for R2
O R D E R
By consent, this Writ Petition is taken up for final disposal.
2. The petitioner would state that her husband was appointed as a Conductor in the erstwhile State Transport Corporation on 19.03.1971 and his service was regularized and subsequently, on formation of various new Transport Corporations on 01.01.1972, the petitioner's husband was absorbed in the second respondent Corporation as Conductor on 15.09.1975 and he was allotted with Staff No.6545 and he died on 21.12.1992 while in service. It is further averred by the petitioner that her husband, while in service, was contributing to Employees Family Pension Scheme, 1971 till his demise and after his demise, the petitioner was receiving a sum of Rs.750/- as Family Pension under EPF Scheme, 1971 and since it is a very meager amount, she find it extremely difficult to maintain herself and family.
The grievance expressed by the petitioner is that pensionary benefits has not been conferred upon her husband till his demise and as per G.O.Ms.No.42, Transport (RW) Department dated 27.05.2005, cut off date in respect of eligibility to get pension was fixed as 01.04.1982 and as such, the petitioner's husband became eligible to get pension and pension was to be paid from 01.01.1988 as he had put in 11 years and 12 days of service as on 01.04.1982 and after his demise, though the petitioner is entitled to get Family Pension with effect from the date of death of her husband i.e., from 21.12.1992 from the first respondent, it has not been paid and hence, she came forward with this writ petition.
3. The learned counsel appearing for the petitioner would submit that in compliance of the order dated 11.02.2004 passed in W.P.No.19585 of 2003, the Government came forward to issue G.O.Ms.No.189, Transport (RW1) Department dated 13.08.2004, conferring the benefit of Family Pension to the spouses of all the employees of the State Transport Department and further drawn the attention of this Court to the judgment dated 18.08.2010 made in W.A.No.1246 of 2009 [A.Loganayaki v. The Secretary to Government, Transport Department, Chennai-9 and 3 others], as well as the order dated 27.08.2014 made in
W.P.Nos.18886 of 2014 etc., batch [Y.Sakunthala and Others v. Secretary to Government, Transport Department, Chennai-9 and Others], order dated 20.04.2015 made in W.P.No.11372 of 2015 [N.Saroja v. The State of Tamil Nadu, rep by its Secretary, Transport Department, Chennai-9 and Others] and the order dated 20.08.2015 made in W.P.No.25880 and 25881 of 2015 [Mrs.C.Munirathinam and another v. The State of Tamil Nadu, rep by its Secretary, Transport Department, Chennai-9 and Others] and prays for appropriate orders.
4. Heard the submissions of Mr.P.Sanjaygandhi, learned Additional Government Pleader who accepts notice on behalf of the first respondent and Mr.P.Kannan Kumar, learned Standing Counsel who accepts notice on behalf of the second respondent and also perused the materials placed before it.
5. A perusal of the materials placed would indicate that in terms of G.O.Ms.Nos.189 and 42 of the first respondent dated 13.08.2004 and 27.05.2005 respectively, erstwhile employees of the Tamil Nadu State Transport Corporation, who have put in 10 years of service from the date of their permanent absorption, are entitled to pension and as such, the petitioner is also entitled to receive the same after the demise of her husband.
6. In the light of the above facts and circumstances, this Court directs the first respondent to consider and dispose of the petitioner's representation dated 30.05.2016, in the light of the observations made above 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.
7. This Writ Petition is disposed of accordingly. No costs. sd/ Assistant Registrar /true copy/ Sub Assistant Registrar jvm To 1.The Secretary, The State of Tamil Nadu, Transport Department, Secretariat, Chennai-600 009.
2.The Managing Director, State Express Transport Corporation Ltd., (Old Name Thiruvalluvar Transport Corporation Ltd.,) Pallavan Salai, Chennai-600 002.
3.The Commissioner, Employees Provident Fund, Regional Office, No.20, Royapettah High Road, Chennai-600 014.
W.P.No.1052 of 2017 Ev(CO) GN(14/02/2017