Madras High Court
M.Rani vs The State Of Tamil Nadu on 5 July, 2023
W.P.No.18836 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.07.2023
CORAM :
THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN
W.P.No.18836 of 2017
M.Rani .. Petitioner
Versus
1. The State of Tamil Nadu,
Rep. by its Secretary,
Transport Department,
Secretariat, Chennai - 600 009.
2. The State of Tamil Nadu
Rep. by its Secretary,
Finance Department,
Secretariat, Chennai - 600 009.
3. The Managing Director,
Metro Transport Corporation Chennai (TN) Ltd.,
Pallavan House, Anna Salai,
Chennai - 600 002.
4. The Regional Providence Fund Commissioner,
Royapettah, Chennai - 600 014. .. Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
pleased to issue a Writ of Mandamus directing the 1st respondent to grant
Tamil Nadu State Government Family Pension and pay arrears of family
pension to the petitioner as per G.O.Ms.No.189 Transport Department,
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W.P.No.18836 of 2017
dated 13.08.2004 from the date of death of her husband 18.05.2001 for the
service rendered by her husband in the State Transport Department by
following the judgments in W.A.Nos.1246 of 2009, dated 18.08.2010,
W.P.No.230 of 2014, dated 11.02.2014, W.P.No.18339 of 2014, dated
15.04.2016 and W.P.No.2467 of 2017 on the file of this Court and direct the
4th respondent to stop payment of Employees Provident Fund Pension to
the petitioner forthwith and furnish statement of account of total provident
fund pension to the respondents 1, 2 and 3 to enable them to pay the
petitioner the family pension as per orders of this Court referred above.
For Petitioner : M/s.S.Buvaneswari
For Respondents : Mr.T.K.Saravanan,
Government Advocate,
for RR-1 and 2
: Mr.R.Balaji, for R3
: Mr.T.R.Sundaran, for R4
ORDER
The petitioner's husband, P.Masilamani was originally employed in
Tamil Nadu State Transport Department. He had been appointed on
04.05.1963. Subsequently, Transport Corporations had been formed and the
husband of the petitioner was absorbed in Pallavan Transport Corporation,
City Wing on 01.05.1975. Thereafter, the Pallavan Transport Corporation
and Dr.Ambedkar Transport Corporation Limited were merged and one
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W.P.No.18836 of 2017
further Corporation was formed called Metro Transport Corporation
Chennai (TN) Limited. The third respondent is the Managing Director,
Metro Transport Corporation Chennai (TN) Limited. The husband of the
petitioner retired on superannuation on 31.07.1997. He died on 18.05.2001.
Consequent to G.O.Ms.No.1028, Transport (RW) Department, dated
23.09.1985, the husband of the petitioner was drawing pension from Tamil
Nadu State Government for the service rendered in the erstwhile Tamil
Nadu State Transport Department. With respect to his employment under
the Corporation / the third respondent, he was paid E.P.F pension. There is
no dispute raised with respect to either the quantum or the period for which
the pension / E.P.F pension was sanctioned and paid to the husband of the
petitioner.
2. After the death of the husband of the petitioner, the petitioner
continued to receive the family pension only under the Employees Provident
Fund Scheme which is payable by the Metro Transport Corporation. The
family pension which is receivable for his service under the Transport
Department and payable by the Government was discontinued. The
petitioner, therefore, gave a representation to discontinue the family pension
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W.P.No.18836 of 2017
under the E.P.F scheme and to receive the family pension under the
Government for the service rendered when it was Transport Department.
3. There was an earlier order passed that this is not possible. There
was a challenge to the same in W.P.No.21204 of 1992 which was allowed.
Thereafter, G.O.Ms.No.110, Transport Department, dated 06.06.2002 was
passed, but, that benefited only the members of the Association who had
filed the aforementioned Writ Petition. Thereafter, a further order was
passed in W.P.No.19585 of 2003 and this benefit was extended to the family
members of all State Transport Department employees and consequently,
G.O.Ms.No.189, Transport (RW1) Department was issued on 13.08.2004.
4. The fulcrum of the above Government Order is as follows:-
"The Government after detailed
examination have decided to implement the
orders of the High Court dated 11.02.2004 in
W.P.No.19585 of 2003 and accordingly
extend the benefit of family pension ordered
in the Government order first stated above to
the spouses of all pensioners of erstwhile
Tamil Nadu State Transport Department
similarly placed subject to the conditions
specified in the Government Order."
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W.P.No.18836 of 2017
5. The petitioner now seeks the benefit of the family pension to be
paid by the Government. But, this requires that the family pension under
the E.P.F scheme, as provided by the third respondent / Metro Transport
Corporation Chennai (TN) Limited, should be stopped. The petitioner had
given a representation expressing willingness for that to be stopped.
Naturally, the benefit under G.O.Ms.No.189 Transport (RW1) Department,
dated 13.08.2004 should also enure to the petitioner herein.
6. Heard the learned Counsel for the petitioner and also the learned
Counsels for the respondents.
7. The facts stated above are neither denied nor disputed. The only
aspect is that the Metro Transport Corporation Chennai (TN) Limited
should stop the payment of family pension under the E.P.F scheme. The
learned Counsel who appears for the Regional Provident Fund
Commissioner, should intimate this particular fact through the Regional
Provident Fund Commissioner, so that, they would immediately stop such
payment. Simultaneously, the family pension, as payable to the petitioner
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W.P.No.18836 of 2017
under the rules and regulations which governed the service of her husband,
should be paid to the petitioner herein.
8. In view of the above facts, the Writ Petition stands allowed and a
Mandamus is issued to the second respondent to grant Tamil Nadu State
Government Family Pension along with arrears to the petitioner in
accordance with G.O.Ms.No.189 Transport (RW1) Department, dated
13.08.2004 from the date of death of the husband of the petitioner
18.05.2001. This order may be implemented within a period of 16 weeks
from the date of receipt of a copy of this order. If any clarifications are
required, notice may be issued to the petitioner who may clarify the said
issues. The arrears of the family pension would always be subject to
adjustment of the benefit gained by the petitioner under the E.P.F scheme
from the third respondent and the balance may be paid, but, from the date of
this order, a single family pension may be paid in accordance with rules and
regulations. No costs.
05.07.2023
(1/2)
Index : yes/no
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W.P.No.18836 of 2017
Speaking order/Non-speaking order
Neutral Citation : yes/no
grs
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W.P.No.18836 of 2017
To
1. The Secretary,
Transport Department,
Secretariat, Chennai - 600 009.
2. The Secretary,
Finance Department,
Secretariat, Chennai - 600 009.
3. The Managing Director,
Metro Transport Corporation Chennai (TN) Ltd.,
Pallavan House, Anna Salai,
Chennai - 600 002.
4. The Regional Providence Fund Commissioner,
Royapettah, Chennai - 600 014.
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W.P.No.18836 of 2017
C.V.KARTHIKEYAN, J.
grs
W.P.No.18836 of 2017
05.07.2023
(1/2)
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