Madras High Court
N.Kalaiselvi vs The State Of Tamil Nadu on 2 July, 2021
W.P.No 13741 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.07.2021
CORAM:
THE HONOURABLE Mr. JUSTICE S.S.SUNDAR
Writ Petition No.13741 of 2021
N.Kalaiselvi
W/o.Late R.S.Narayanan .. Petitioner
Versus
1.The State of Tamil Nadu,
represented by its
Secretary,
Transport Department,
Secretariat, Chennai – 600009.
2.Tamil Nadu State Transport Corporation Ltd.,
(Old Name : Dheeran Chinnamalai
Transport Corpn. Ltd.)
Kumbakonam – Division II,
Periyamilaguparai,
Tiruchirappalli – 620 001.
3.The Commissioner,
Employees Provident Fund,
Regional Office,
No.20, Royapettah High Road,
Chennai – 600014. .. Respondents
https://www.mhc.tn.gov.in/judis/
W.P.No 13741 of 2021
Writ Petition filed under Article 226 of the Constitution of India, praying
to issue a Writ of Mandamus directing the first respondent to sanction pension
and pay it as the Life Time Arrears of pension to the petitioner with effect from
01.01.1988 to 03.02.2007, the date of death of the petitioner's husband for the
service the petitioner's late husband has put in under the first respondent from
08.11.1971 to 01.04.1982 as per G.O.Ms.No.42 Transport (RW) Department
dated 27.05.2005 and as per the provisions of the Tamil Nadu Pension Rules
construing that the petitioner's late husband has completed the qualifying years
of service of 10 years as on 01.04.1982 and consequently to grant family
pension to the petitioner by following the judgments in W.A.No.1246 of 2009
dated 18.08.2010 and by following the Government Order in G.O.Ms.No.387
Finance (Pension) Department dated 10.12.2019.
For Petitioner : Mr.V.S.Jagadeesan
For Respondents : Mr.C.Kathiravan
Government Advocate [R1]
Mr.C.S.K.Sathish [R2 & R3]
O RD E R
With the consent of both parties, this matter is taken up for final disposal
at the admission stage itself.
2. Though the Writ Petition is filed to issue a positive direction to the
first respondent to extend the benefit to the petitioner that was given to the
https://www.mhc.tn.gov.in/judis/
W.P.No 13741 of 2021
similarly placed persons, learned counsel for the petitioner submits that the
petitioner will be satisfied if a direction is issued to the first respondent to
consider the petitioner's representations dated 10.06.2016 and 11.01.2021 and
pass orders on merits within a time stipulated by this Court.
Having regard to the limited scope of the prayer that is now sought by
the petitioner's counsel, without expressing any opinion on the merits of the
petitioner's representations, this writ petition is disposed of with a direction to
the first respondent to consider the petitioner's representations dated
10.06.2016 and 11.01.2021 and pass orders on merits and in accordance with
law within a period of twelve weeks from the date of receipt of a copy of this
order. No costs.
02.07.2021
Note: Issue order copy by 08.07.2021
Index:Yes / No
Speaking order / Non speaking order
gm
https://www.mhc.tn.gov.in/judis/
W.P.No 13741 of 2021
To
1.The Secretary,
Transport Department,
Secretariat, Chennai – 600009.
2.The Tamil Nadu State Transport Corporation Ltd.,
(Old Name : Dheeran Chinnamalai
Transport Corpn. Ltd.)
Kumbakonam – Division II,
Periyamilaguparai,
Tiruchirappalli – 620 001.
3.The Commissioner,
Employees Provident Fund,
Regional Office,
No.20, Royapettah High Road,
Chennai – 600014.
https://www.mhc.tn.gov.in/judis/
W.P.No 13741 of 2021
S.S.SUNDAR, J
gm
Writ Petition No.13741 of 2021
02.07.2021
https://www.mhc.tn.gov.in/judis/
