Mrs.C.Munirathinam v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.08.2015
CORAM:
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.Nos.25880 and 25881 of 2015 Mrs.C.Munirathinam .. Petitioner in W.P.No.25880/2015 Mrs.S.Jothi .. Petitioner in W.P.No.25881/2015 Vs.
1.The State of Tamil Nadu, Rep. By its Secretary, Transport Department, Secretariat, Chennai-600 009.
.. R1 in both W.Ps.
2.The Tamil Nadu Transport Corporation (Salem Ltd.,) (Old name Annai Sathya Transport Corp. Ltd.,) Rep. By its Managing Director, Salem Division-II, Dharmapuri-635 001.
.. R2 in W.P.No.25880/2015 3.Tamil Nadu State Transport Corporation Ltd., Rep. By its Managing Director, Dharmapuri.
.. R2 in W.P.No.25881/2015 4.The Commissioner, Employees Provident Fund, Regional Office, No.20, Royapettah High Road, Chennai-600 014.
.. R3 in both W.Ps.
Prayer in W.P.No.25880 of 2015: 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 family pension to the petitioner from 22.07.2013, 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.
Prayer in W.P.No.25881 of 2015: 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 family pension and for payment of arrears of family pension to the petitioner from 16.05.2010, 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. For Petitioners :
Mr.V.S.Jagadeesan For Respondents :
Mr.V.Subbiah, Special Government Pleader for R1 Mr.M.Udayakumar for R2 Mr.K.Gunasekarn for R3 C O M M O N O R D E R By consent, these writ petitions are taken up for final disposal.
2. The petitioner in W.P.No.25880 of 2015 is the widow of late K.V.Chinnaraj, who was appointed in the erstwhile State Transport Department as a driver on 01.11.1969 and was regularized in the said service and subsequently, various new State Transport Corporations came into being and her husband was absorbed in the services of the second respondent Transport Corporation and was promoted as a Driving Inspector and was alloted Staff No.FD0035. The petitioner would further state that her husband continued to work in that capacity till he attained the age of superannuation on 30.06.1995 and subsequently, he died on 22.07.2013. The petitioner would further claim that her husband is entitled for pension as he has put in more than 10 years of service and pension was also sanctioned and paid to him, vide Pension Payment Order No.
C304418 and he continued to receive the same till his demise and after his demise, the petitioner is entitled to receive family pension with effect from the date of her husband. It is also stated by the petitioner that while her husband was in service, he contributed towards Employee's Provident Fund and was also receiving pension under EPF Scheme, 1995 till his demise and she is receiving a sum of Rs.356/- per month as family pension under the said scheme. It is the case of the petitioner that as per earlier Government Orders employees of the erstwhile Tamil Nadu State Transport Department, who were permanently absorbed in Transport Corporations are not entitled to the benefit of family pension and in pursuant to the orders passed by this Court, the State Transport Department has passed an order in G.O.Ms.No.
189, Transport (RW1) Department dated 13.08.
entitled to the said benefits and in this regard, she has submitted a representation dated 13.07.2015 to the respondents and since she has not been favoured with any response, came forward to file this writ petition.
3. The petitioner in W.P.No.25881 of 2015 is the widow of late P.S.Annamalai, who was appointed as driver in the erstwhile State Transport Corporation and his services were regularized and allotted Staff No.0017. Later on new State Transport Corporations came into being and her husband was absorbed in the services of the second respondent Corporation as driver and was given promotion was Senior Grade Driver and was allotted Staff No.FD 5002 and he continued to work in that capacity till he attained the age of superannuation on 31.05.1998 and thereafter, he died on 16.05.2010. The petitioner would state that her husband is entitled for pension as he has put in more than 10 years of service in the Transport Department and pension was sanctioned and paid to him as per Pension Payment Order No.
C381777/TPT and he received pension till his demise on 16.05.2010. The petitioner would further state that her husband was also receiving pension under EPF Scheme, 1995 till his demise and she is receiving a sum of Rs.450/- per month as family pension under the said scheme. It is the case of the petitioner that as per earlier Government Orders employees of the erstwhile Tamil Nadu State Transport Department, who were permanently absorbed in Transport Corporations are not entitled to the benefit of family pension and in pursuant to the orders passed by this Court, the State Transport Department has passed an order in G.O.Ms.No.189, Transport (RW1) Department dated 13.08.
2004 by extending the family pension to the spouses of all pensioners of erstwhile Tamilnadu State Transport Corporation and since the petitioner is similarly placed, she is entitled to the said benefits and in this regard, she has submitted a representation dated 13.07.2015 and since she has not been favoured with any response, came forward to file this writ petition.
4. The learned counsel appearing for the petitioners has drawn the attention of this Court to the common order dated 27.08.2014 made in W.P.Nos.18886, 18887, 19394 to 19396 of 2014, the order dated 18.02.2015 made in W.P.No.33451 of 2014 and the order dated 20.04.2015 made in W.P.No.11372 of 2015 and would submit that in similar facts and circumstances, this Court has directed the respondents namely the Secretary to Government, Transport Department, Tamil Nadu State Transport Corporation as well as the Commissioner, Employees Provident Fund to take note of the above cited orders and pass appropriate orders and hence, prays for similar relief.
5. Heard the submissions of Mr.V.Subbiah, learned Special
Government Pleader, who accepts notice for the first respondent, Mr.M.Udayakumar, learned counsel who accepts notice for the second respondent and Mr.K.Gunasekaran, learned counsel who accepts notice for the third respondent.
6. A perusal of the above cited orders of this Court would disclose that in terms of G.O.Ms.No.189, Transport (RW1) Department dated 13.08.2004 as well as G.O.Ms.No.42, Transport (RW) Department dated 27.05.2005, erstwhile employees of Tamil Nadu State Transport Department who have put in less than 10 years of service on the date of their permanent absorption in State Transport undertakings are entitled to family pension and this Court, in the above cited orders, has taken note of the same and passed positive orders granting the relief sought for. It is pertinent to point out at this juncture that in the above cited orders of this Court, the first respondent was arrayed as a party and so also the respondents 2 and 3 and therefore, they are equally bound to abide by the said orders.
7. In the light of the above facts and circumstances, this Court directs the first respondent to take into consideration G.O.(Ms). No.189, Transport (RW1) Department dated 13.08.2004, G.O.Ms.No.42, Transport (RW) Department dated 27.05.2005 as well as the above cited orders of this Court and pass orders on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner.
8. These Writ Petitions are disposed of accordingly. No costs. Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar jvm To 1.The Secretary, The State of Tamil Nadu, Transport Department, Secretariat, Chennai-600 009.
2.The Managing Director, The Tamil Nadu Transport Corporation (Salem Ltd.,) (Old name Annai Sathya Transport Corp. Ltd.,) Salem Division-II, Dharmapuri-635 001.
3.The Managing Director, Tamil Nadu State Transport Corporation Ltd., Dharmapuri.
4.The Commissioner, Employees Provident Fund, Regional Office, No.20, Royapettah High Road, Chennai-600 014.
+2 ccs to Mr.V.S.Jagadeesan Advocate sr.44144 & 44145 +1 cc to Mr.M.Udayakumar, Advocate sr.44293 +1 cc to Government Pleader vide sr.44443 W.P.Nos.25880 and 25881 of 2015 aa25/08/2015