Madras High Court
M.Kasturi (Died) vs The Additional Chief Secretary on 20 February, 2025
W.P. No. 2091 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.02.2025
CORAM
THE HON'BLE Ms. JUSTICE R.N.MANJULA
W.P. No. 2091 of 2019
1. M.Kasturi (Died)
2. M.Venkateshwaran
3. M.Vimala
4. M.Hemamalini … Petitioners
(P2 to P4 substituted as LRs of
Deceased P1 vide order dated
15.11.2022 in W.M.P.No. 24706/2022)
-vs-
1. The Additional Chief Secretary,
Transport Department,
Fort St. George,
Chennai - 600 009.
2. Managing Director,
Tamil Nadu State Transport Corporation (Salem) Ltd.,
No. 12, Ramakrishna Salai,
Salem - 636 007. ... Respondents
Prayer:- Writ Petition filed under Article 226 of the Constitution of India,
1950, praying to issue a Writ of Mandamus, directing the first respondent to
grant family pension based on the service of petitioner's late husband in the
State Transport Department based on G.O.Ms.No.42, Transport dated
27.05.2005, fixing the cutoff date of his service in the Transport Department as
1/6
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W.P. No. 2091 of 2019
31.03.1982 and to pay family pension to the petitioner as lifetime arrears of
pensionary benefits and consequently to grant family pension to the petitioner
from 02.02.1982, the date of the death of the petitioner's husband by following
the judgments in W.A.No.1246 of 2009 dated 18.08.2010 and in W.P.No.33975
of 2005 dated 20.09.2011 and in W.P.No.35674 of 2005 dated 20.09.2011.
For Petitioners : Mr.P.Paramasiva Doss
For Respondents : Mrs.S.Anitha,
Special Government Pleader (for R1)
Mr.Aswin for TNSTC (for R2)
ORDER
This writ petition has been for seeking a direction to the first respondent
to grant family pension based on the service of petitioner's late husband in the
State Transport Department based on G.O. Ms. No.42, Transport dated
27.05.2005, fixing the cut-off date of his service in the Transport Department as
31.03.1982 and to pay family pension to the petitioner as lifetime arrears of
pensionary benefits and consequently to grant family pension to the petitioner
from 02.02.1982, the date of the death of the petitioner's husband by following
the judgments in W.A.No.1246 of 2009 dated 18.08.2010 and in W.P.No.33975
of 2005 dated 20.09.2011 and in W.P.No.35674 of 2005 dated 20.09.2011.
https://www.mhc.tn.gov.in/judis
2. Heard Mr.P.Paramasiva Doss, learned counsel for the petitioner and
Mrs.S.Anitha, learned Special Government Pleader for the first respondent and
Mr.Aswin, learned counsel for the second respondent and perused the materials
placed on record, apart from the pleadings of the parties.
3. The first petitioner's husband has joined as a Conductor on daily wage
basis for 23 years in the respondent Corporation on 07.03.1969. His services
were regularized on regular time scale of pay on 01.08.1970. Later, when the
State Transport Corporation was formed, on 15.09.1975, the petitioner was
absorbed in the newly formed Anna Transport Corporation, which is presently
called as Tamil Nadu State Transport Corporation (Salem) Limited. The first
petitioner's husband died on 19.12.1991. After the Tamil Nadu State Transport
Department was wound up on 14.09.1975, the first petitioner's husband and
other employees of the department have been absorbed in various Transport
Corporations of the State. Accordingly, the first petitioner's husband was
absorbed in the second respondent -Corporation. The first petitioner's husband
was opted to receive pension as per G.O.Ms. No.378, Finance (FR-II)
Department dated 18.04.1975. As the petitioner's husband died while in service,
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the first petitioner claimed his husband's death benefits, which is inclusive of
gratuity and other monetary benefits and family pension. As the first petitioner's
representation has not been considered sofar, he has filed this writ petition
seeking direction against the respondents.
4. The learned counsel for the second respondent submitted that the second
respondent has to forward the pension proposal along with the service
particulars of the deceased husband of the first petitioner to the first respondent,
who has to sanction pension. Despite the first petitioner has given a
representation as early as on 19.01.2017, no action has been taken. In fact, the
first petitioner has also died and her legal heirs have been impleaded as the
second to fifth petitioners.
5. As inordinate delay has caused in disbursing the pensionary benefits to
the legal heirs of the deceased husband of the first petitioner (the second to fifth
respondents) depending upon the eligibility of the deceased husband of the first
petitioner, I feel appropriate direction should be given.
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6. In the result, this writ petition is allowed and the second respondent is
directed to forward the proposal to the first respondent within a period of two
weeks from the date of receipt of a copy of this order and thereafter, the first
respondent is directed to pass an order within a period of four weeks, thereafter
on merits in accordance with law. No costs.
20.02.2025
Index: Yes/No
Index: Yes/No
Internet: Yes/No
Speaking /Non-speaking order
Maya
To
1. The Additional Chief Secretary,
Transport Department,
Fort St. George,
Chennai - 600 009.
2. The Managing Director,
Tamil Nadu State Transport Corporation (Salem) Ltd.,
No. 12, Ramakrishna Salai,
Salem - 636 007.
https://www.mhc.tn.gov.in/judis
R.N.MANJULA, J.
Maya
Dated : 20.02.2025
https://www.mhc.tn.gov.in/judis
