A.K.Venkatraman v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :: 22-07-2015

CORAM

THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P.Nos.21933 & 21934 OF 2015 1.A.K.Venkatraman 2.T.D.Gopalakrishnan 3.V.Thirugnanasambandan 4.P.Santharam 5.S.Sourirajan 6.S.Azhahan 7.P.Viswanathan 8.G.Sundaram 9.R.Selvarangan 10.T.Venugopalan 11.V.Gregory Joseph ... Petitioners in W.P.No.21933/2015 1.S.Nagamani 2.R.Saradha 3.A.Bhagavathi Ammal ... Petitioners in W.P.No.21934/2015 -vsThe Secretary to Government, Finance Department, Fort St.George, Chennai-9.

... Respondent in both W.Ps.

Petitions under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus,

1. directing the respondent to issue orders applying family pension to the petitioners enabling their spouses to get family pension with all consequential benefits.(in WP 21933 of 2015)

2. to direct the respondent to grant Family pension to the petitioner with all consequential Monetary benefits.(in WP 21934 of 2015) https://hcservices.ecourts.gov.in/hcservices/

For petitioners : Mr.S.M.Subramaniam in both petitions For respondent : Mr.S.Gunasekaran, Government Advocate in both petitions

O R D E R

The petitioners were initially employed in the Industries Department and subsequently absorbed in Tamil Nadu Small Industries Corporation Limited (TANSI). They are paid pension for the services rendered in the Industries Department.

2. At the time of their absorption in TANSI, it was made clear that they could be paid pension for the services rendered in the Industries Department, but, while they are serving in TANSI, nothing is stated about the payment of family pension, after their demise, to their wives. They are claiming for family pension, after their demise, based on G.O.Ms.No.78, Finance (BPE) Department, dated 24.03.2015, and in the light of the orders of this Court, passed in W.P.Nos.3067 and 3068 of 2010, dated 08.08.2011, and W.A.Nos.2683 and 2684 of 2012, dated 07.12.2012.

3. Under these circumstances, these Writ Petitions are disposed of, permitting the petitioners to make a representation to the respondent, claiming family pension, and in such event, the respondent is directed to dispose of the same in the light of the G.O. and the orders referred to above, within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar(J) //True Copy// dixit Sub Assistant Registrar To The Secretary to Government, Finance Department, Fort St.George, Chennai-9.

+1cc to the Government Pleader, S.R.No.37387 W.P.Nos.21933 & 21934 OF 2015 BR(CO) CA(10/08/2015) https://hcservices.ecourts.gov.in/hcservices/