S MALLIGA Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) This writ petition is filed by S. Malliga, wife of late G. Shanmugam, challenging the impugned order passed by the 4th respondent-Assistant Manager (Selection Grade), Madras Transport Corporation Limited in which he has turned down the request for payment of family pension to the petitioner, wife of late G. Shanmugam, on the ground that the petitioner's husband failed to render 10 years service and as a result, the petitioner's husband was not entitled to receive the benefit of Family pension.

(2.) (I) Per contra, the learned counsel appearing for the respondent opposing the prayer submitted that the reasoning given in the impugned order is absolutely in order, for, when the petitioner's husband has not put in 10 years of service, the question of giving the benefit of Family Pension does not arise and therefore, the request to be rejected for the reason that when the rule is clear that whomsoever has put in one year of service before death, his widow wife and children are entitled to get Family Pension at the rate of Rs. 1,000/- on the date of introducing the Tamil Nadu Pension Rules.

(3.) In this connection it is pertinent to extract Rule 49(1) and the relevant portion in Rule 49(2) of the Tamil Nadu Pension Rules 1978 which are as follows: