J SELVI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) By consent, both the writ petitions are taken up for final disposal.

(2.) As far as W.P. No. 144 of 2017 is concerned, the husband of the petitioner herein, namely, Mr. M. Jayaraman was appointed as a Hammerman on 11.10.1963 in the services of erstwhile Tamil Nadu State Transport Corporation and his service was also regularised. Subsequently, various Transport Corporations came to be formed and the husband of the petitioner was absorbed in the service of Tamil Nadu State Transport Corporation (VPM) Limited as a Technical Tradesman, with Staff No. 2934. The petitioner's husband died in harness on 04.03.1992. The petitioner would state that her husband, while he was working, was contributing to the Employees Family Pension Scheme, 1971 till his demise and after his demise, the petitioner has been receiving Rs. 758/- as family pension under the said Scheme, which is a very meagre amount when compared to the present cost of living. It is the submission of the petitioner that her husband had put in 11 years 6 months and 20 days from 11.10.1963 to 01.05.1975 and the erstwhile Transport Department should have paid pension to him as he became eligible to receive pension, as per Tamil Nadu Pension Rules, 1978. However, the pension was not paid till his demise. It is further contended by the petitioner that as per G.O.Ms. No.42 Transport (RW) Department dated 27.05.2005, the cut-off date was fixed as 01.04.1982. Even as per the said date , the husband of the petitioner was entitled to receive pension with effect from 01.01.1988. According to the petitioner, one Loganayaki, spouse of an ex-employee, similarly placed like the petitioner, had filed W.P. No. 35643 of 2007 praying for similar relief and it was rejected by order dated 12.01.2009 and challenging the same, W.A. No. 1246 of 2009 was filed and it was disposed of on 18.08.2010 directing the Government to sanction family pension with certain conditions and challenging the same, the Government filed SLP (Civil Appeal) CC No. 8381 of 2011 and it was dismissed on 13.05.2011. Thereafter, the Government has also complied with the order by issuing G.O.(3D) No.38 Transport (RW1) Department dated 07.09.2011. According to the petitioner, there were very many writ petitions filed praying for similar relief and the orders were also complied with vide G.O. (3D) Nos. 20, 22 and 23 Transport (RW1) Department dated 18.07.2013, 25.07.2013 and 25.07.2013 respectively and therefore, the petitioner prays for similar orders.

(3.) As far as W.P. No. 145 of 2017 is concerned, the husband of the petitioner herein, namely, Mr.S. Syed Ghouse was appointed as a Conductor on 21.08.1968 in the services of erstwhile Tamil Nadu State Transport Corporation and his service was also regularised. Subsequently, various Transport Corporations came to be formed and the husband of the petitioner was absorbed in the service of Metropolitan Transport Corporation Limited (Old Pallavan Transport Corporation Limited) as a Conductor, with Staff No. 5702. The petitioner's husband died in harness on 18.06.1991. The petitioner would state that her husband, while he was working, was contributing to the Employees Family Pension Scheme, 1971 till his demise and after his demise, the petitioner has been receiving Rs. 529/- as family pension under the said Scheme, which is a very meagre amount when compared to the present cost of living. It is the submission of the petitioner that her husband had put in 13 years 7 months and 10 days from 21.08.1968 to 01.04.1982 and the erstwhile Transport Department should have paid pension to him as he became eligible to receive pension, as per Tamil Nadu Pension Rules, 1978. However, the pension was not paid till his demise. It is further contended by the petitioner that as per G.O.Ms. No.42 Transport (RW) Department dated 27.05.2005, the cut-off date was fixed as 01.04.1982. Even as per the said date , the husband of the petitioner was entitled to receive pension with effect from 01.01.1988. According to the petitioner, one Loganayaki, spouse of an ex-employee, similarly placed like the petitioner, had filed W.P. No. 35643 of 2007 praying for similar relief and it was rejected by order dated 12.01.2009 and challenging the same, W.A. No. 1246 of 2009 was filed and it was disposed of on 18.08.2010 directing to sanction family pension and challenging the same, the Government filed SLP (Civil Appeal) CC No. 8381 of 2011 and it was dismissed on 13.05.2011. Thereafter, the Government has complied with the order by issuing G.O. (3D) No.38 Transport (RW1) Department dated 07.09.2011. According to the petitioner, there were very many writ petitions filed praying for similar relief and the orders were also complied with vide G.O. (3D) Nos. 20, 22 and 23 Transport (RW1) Department dated 18.07.2013, 25.07.2013 and 25.07.2013 respectively and therefore, the petitioner prays for similar orders.