Mrs. B.Anthony Ammal, v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21-09-2015
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN WRIT PETITION No.29606 of 2015 B.Anthony Ammal ... Petitioner Vs
1. The State of Tamil Nadu Rep. By its Secretary Transport Department Secretariat, Chennai 600 009
2. State Express Transport Corporation Ltd., (Old Name Thiruvalluvar Transport Corporation Ltd.,) Rep. By its Managing Director 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 directing the first respondent to grant Family Pension and for payment of arrears of family pension to the petitioner from 25.7.2000, the date of death of the petitioner's husband by following the judgments in W.A.No.1246 of 2009 dated 18.8.2010, and in W.P.No.33975 of 2005 dated 20.9.2011. For Petitioner : Mr.V.S.Jagadeesan For Respondents : Mr.S.Gunasekaran Government Advocate for R1 Mr.V.Udayakumar for R2 Mr.T.R.Sundaram for R3
ORDER
By consent, the writ petition itself is taken up for final disposal.
2.The petitioner would state that her husband was initially appointed as a Fitter in the services of the erstwhile State Transport Corporation on 1.7.1964, and due to the formation of various Transport Corporations, he was absorbed in the services of the second respondent-Transport Corporation known as Thiruvalluvar Transport Corporation Limited, on 15.9.1975, and got promoted to the post of Senior Tradesman and he retired on attaining the age of superannuation on 31.5.1997, and was paid with pension and he died on 25.7.2000.
3.The petitioner would further state that she is receiving the family pension of Rs.475/- under the EPF Scheme, 1995, and in terms of G.O.Ms.No.110, Transport Department, dated 6.6.2002, family pension was sanctioned to the families of erstwhile Tamil Nadu State Transport Department employees and vide G.O.Ms.No.189, Transport (RW1) Department, dated 13.8.2004, the first respondent has also extended the benefit of family pension and by means of subsequent G.O.Ms.No.42, Transport (RW) Department, dated 27.5.2005, the first respondent has extended the said benefit to the erstwhile Tamil Nadu State Transport Department employees, who had put in less than 10 years of Government Service in Tamil Nadu State Transport Department, by fixing the cut off date for family pension as 1.4.1982. 4.
The claim of the petitioner is that persons similarly placed, were granted family pension and therefore, she is also entitled to get family pension and in this regard, submitted a representation dated 24.4.2014, to the respondents and since no orders have been passed, came forward to file this writ petition. 5.Mr.V.S.Jagadeesan, learned Counsel appearing for the petitioner, would submit that the matter in issue, is squarely covered by the judgment dated 18.8.2010, made in W.A.No.1246 of 2009, as well as the order dated 20.9.2011, made in W.P.Nos.33975 of 2005 and some of the orders passed by this Court in this regard, have also been implemented by the first respondent by issuing Government Orders in G.O.(3D) No.20, Transport (RW1) Department, dated 18.7.2013, and G.O.(3D) Nos.22 and 23 (very same Department) dated 25.7.
2013, and prays for similar relief.
6.The Court heard the submissions of Mr.S.Gunasekaran, learned Government Advocate, who accepted notice on behalf of the first respondent, Mr.V.Udayakumar, learned Standing Counsel, who accepted notice on behalf of the second respondent, and Mr.T.R.Sundaram, learned Standing Counsel, who accepted notice on behalf of the third respondent, also.
7.Though the petitioner prayed for a larger relief, this Court, in the light of the facts and circumstances, directs the first respondent to consider and dispose of the petitioner's representation dated 24.4.2014, on merits and in accordance with law, after taking note of the above said orders passed by this Court, as well as the above cited Government 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 is disposed of accordingly. No costs.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar nsv To:
1. The Secretary to Government 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 +1cc to Mr.V.S.Jagadeesan, Advocate, S.R.No.51290 +1cc to the Government Pleader, S.R.No.51519 W.P.No.29606 of 2015 CTK(CO) CA(05/10/2015)