S BAGIRATHI Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner's husband Thiru.P.N.Gajapathy was initially employed in the Tamil Nadu State Transport Department as Driver from 20.01.1965 and he continued to work upto 30.04.1975 and subsequently he was absorbed in Pallavan Transport Corporation with effect from 01.05.1975. THEreafter, when Pattukottai Azhagiri Transport Corporation was formed in the year 1982, he was sent to the said Corporation. He voluntarily retired from service on 30.10.1988 and died on 04.11.1990.

(2.) THE Tamil Nadu Government issued G.O.Ms.No.378, Finance Department, dated 18.04.1975 providing pension for the services rendered in the Transport Department, while they serve in the Transport Corporations i.e., the workmen would be paid both wages for the services rendered in the Transport Corporations, besides pension for the services rendered in the Transport Department, while they are in service. Pension is payable if the employees rendered 10 years of qualifying service in the Transport Department, before the absorption. In this case, the husband of the petitioner put in 8 years and 11 months net qualifying service in the Transport Department from 01.04.1966 to 30.04.1975. Since he did not render 10 years of service, he was paid Rs.1,918/- towards service gratuity and Rs.1,326/- towards DCRG. In total Rs.3,244/- was given, when he was alive in 1988.

(3.) HEARD Mr.C.Manokar, learned counsel for the petitioner and Mrs.Lita Srinivasan, learned Government Advocate for the respondent.