P.Muthammal, v. The Managing Director,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.01.2018 CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD) No.203 of 2018 1.P.Muthammal 2.N.Muthulakshmi ... Petitioners Vs.
1. The Managing Director, Tamil Nadu State Transport Corporation Madurai Limited, Bypass Road, Madurai District - 625 010.
2. The Administrator, The State Transport & Transport Corporation, Retired Employee's Welfare Association, Thiruvaluvar Illam, Pallavan Road, Chennai - 600 002.
3. The General Manager, Tamil Nadu State Transport Corporation Madurai Limited, Dindigul Region, Bypass Road, Dindigul District.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, to direct the respondents to disburse the family pension from (23.01.2017) the date of demise of petitioners' husband in equal share to the petitioners until the life time of petitioners and also directing the respondents to grant full pension to the surviving petitioner in case of death of either one of the petitioners.
For Petitioners : Mr.A.Santhanam For Respondents : Mr.A.Jayaram
O R D E R
One K.Gurunathan was the employee of the respondent corporation. He got married to the writ petitioners herein. The first petitioner is the first wife while the second petitioner is the second wife. The said Gurunathan is no more. The respondent corporation has not been disbursing the family pension payable on account of the death of the said employee.
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2.The petitioners herein however arrived at a compromise and have jointly filed this writ petition. In more or less similar matters, this Court directed the Revenue Department to disburse the pension in equal shares to two wives until the life time of both of them and in case of death of either one of them, surviving party shall be entitled to full pension. Such a direction was given by this Court vide order dated 04.04.2014 in W.P.No.13372 of 2012.
3.This Court is of the view that in this case also the same approach can be adopted. Accordingly, the respondents are directed to disburse the pensionary benefits of the said Gurunathan to the writ petitioners in equal share until the life time of both of them and in case of death of either one of them, surviving party shall be entitled to full pension. 4.This Writ Petition is allowed as indicated above. No costs.
Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To
1. The Managing Director, Tamil Nadu State Transport Corporation Madurai Limited, Bypass Road, Madurai District - 625 010.
2. The Administrator, The State Transport & Transport Corporation, Retired Employee's Welfare Association, Thiruvaluvar Illam, Pallavan Road, Chennai - 600 002.
3. The General Manager, Tamil Nadu State Transport Corporation Madurai Limited, Dindigul Region, Bypass Road, Dindigul District.
+ 1 cc TO Mr.A.Santhanam , Advocate in SR No. 42833 Ls/Skm AE/KKR/SAR1/07.02.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/ W.P.(MD) No.203 of 2018 19.01.2018