Tmt.A.Subbulakshmi, v. The Secretary To Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.01.2020

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.21650 of 2018 Tmt.A.Subbulakshmi

...Petitioner

Vs.

1.The Secretary to Government, Transport Department (R.W.1) Secretariat, Chennai 600 009.

2.The Managing Director, Metropolitan Transport Corporation Ltd., Anna Salai, Chennai 600 002.

3.The Regional Provident Fund Commissioner, Royapettah High Court, Royapettah, Chennai 600 014.

..Respondents Prayer:- Writ petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st and 2nd respondents to sanction Government Family Pension with effect from 08.09.1967 as per G.O.Ms.No.189, Transport (R.W.1) Department dated 13.8.2004 and also pay arrears of Family Pension within a time frame. For Petitioner : Mr.N.Sundaramurthy For R1 & R 2 : Mrs.Rajeni Ramadoss Standing Counsel For R 3 : Mr.T.R.Sundaram

O R D E R

This writ petition has been filed for the issue of a writ of Mandamus directing the 1st and 2nd respondents, to grant family pension to the petitioner.

2.It is seen from records that the husband of the petitioner was working as Conductor in the Transport Corporation from the year 1972. There were various Government Orders, which extended the benefit of family pension to the erstwhile Tamil Nadu State Transport Department employees. There were also orders passed by this Court in that regard. The husband of the petitioner died in the year 1997, while he was in duty and the petitioner is seeking for family pension. The petitioner has made a representation to the respondent, requesting for family pension. Since the same has not been https://hcservices.ecourts.gov.in/hcservices/

considered, the present writ petition has been filed before this Court.

3.Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent.

4.Taking into consideration the facts and circumstances of the case and also the latest GO Ms.No.387 dated 10.12.2019, this Court deems it fit to direct the 1st & 2nd respondents to consider the representations made by the petitioner dated 01.02.2018 & 24.05.2018, in line with the latest Government order that has been referred supra and pass appropriate orders, within a period of eight weeks from the date of receipt of copy of this order. The petitioner is directed to make a fresh representation to the 1st & 2nd respondents along with a copy of the earlier representations dated 01.02.2018 & 24.05.2018 and also a copy of this order. 5.

This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar (CS-VI) //True Copy// Sub Assistant Registrar KP TO 1.The Secretary to Government, Transport Department (R.W.1) Secretariat, Chennai 600 009.

2.The Managing Director, Metropolitan Transport Corporation Ltd., Anna Salai, Chennai 600 002.

3.The Regional Provident Fund Commissioner, Royapettah High Court, Royapettah, Chennai 600 014.

+1cc to Mr.T.R.Sundaram, Advocate, S.R.No. 3118 +1cc to Mr.S.Rajini Ramadoss, Advocate, S.R.No.3569 W.P.No.21650 of 2018 GMR(CO) GN(10/02/2020) https://hcservices.ecourts.gov.in/hcservices/