Subbulakshmi v. The Additional Chief Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.06.2025
CORAM
THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN M.Subbulakshmi ... Petitioner Vs.
1. The Additional Chief Secretary to Government, Transport Department, Secretariat, St. George Fort, Chennai - 600 009.
2. The Administrator, Tamil Nadu State Transport Corporation Employees' Pension Fund Trust, No.2, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.
3. The Managing Director, Tamil Nadu State Transport Corporation Coimbatore, 37, Mettupalayam Road, Coimbatore - 641 043.
... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to pay the dearness allowance w.e.f December 2020 and interest on arrears at 12% per 1/6
annum for belated payments and consequently continue to pay the dearness allowance to the petitioner every month and pay the enhanced dearness allowance as and when the same is revised for serving employees from time to time considering the representation submitted by the petitioner on 02.04.2025, in the light of G.O.Ms.No.112, Finance [Pension] Department dated 24.03.2008.
For Petitioner : Mr.C.Vigneswaran For Respondents : Mr.R.U.Dinesh Raj Kumar, Additional Government Pleader (for R1) Mr.C.S.K.Sathish, Standing Counsel (for R2) Mr.C.Gouthamaraj, Standing Counsel (for R3) *****
O R D E R
The instant writ petition has been filed with a prayer for issuing a mandamus to direct the respondents to pay the dearness allowance with effect from December 2020 and interest on arrears at 12% per annum for belated payments, and consequently, continue to pay the dearness allowance to the petitioner every month and pay the enhanced dearness allowance as and when the same is revised for serving employees from time to time, by considering the representation submitted by the petitioner on 02.04.2025, in 2/6
the light of G.O.Ms.No.112, Finance [Pension] Department, dated 24.03.2008.
2. The learned counsel for the petitioner would submit that she is claiming family pension from the third respondent and she has given a representation dated 02.04.2025. It is the submission of the learned counsel for the petitioner that though she is a Government employee, since her employment was before her marriage, she is entitled for family pension even while in Government service.
3. However, such contention is strongly objected by the learned Additional Government Pleader as well as the learned Standing Counsel appearing for the respondents. But the fact remains that the representation of the petitioner dated 02.04.2025 is still pending and yet to be considered. They would also fairly submit that the respondents would consider the said representation within a reasonable time.
4. Heard the learned counsel for both sides and perused the materials available on record.
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5. In such view of the matter, without going to the merits of this Writ Petition, this Court deems it appropriate to direct the respondents to consider the petitioner's representation dated 02.04.2025 in the light of G.O.Ms.No.112, Finance [Pension] Department dated 24.03.2008, and pass orders on its own merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.
6. With the above observations, this Writ Petition is disposed of. No costs.
20.06.2025 kv Index : Yes/No Speaking order /Non Speaking Order To
1. The Additional Chief Secretary to Government, Transport Department, Secretariat, St. George Fort, Chennai - 600 009.
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2. The Administrator, Tamil Nadu State Transport Corporation Employees' Pension Fund Trust, No.2, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.
3. The Managing Director, Tamil Nadu State Transport Corporation Coimbatore, 37, Mettupalayam Road, Coimbatore - 641 043.
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C.KUMARAPPAN, J.
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