K SAROJA Vs. SECRETARY TO GOVERNMENT TRANSPORT DEPARTMENT

JUDGEMENT

(1.) THIS Writ Petition is filed praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the G. O. Ms. No. 110, Transport Department dated 6. 6. 2002 and to quash the condition in para-10 as arbitrary and illegal and direct the respondent to pay family pension to the petitioner with effect from 8. 1. 1998.

(2.) PETITIONER in this case claims benefit of family pension on or from the date of death of the pensioner/employee. However, such relief is denied partly in paragraph 10 of the G. O. Ms. No. 110, Transport Department dated 6. 6. 2002, which reads as follows:- "10. This order shall take effect from 7-3-2001, the date of the Judgment of the High court, Madras (OR) the date of the death of the eligible pensioner whichever is later. " The employee in this case died on 8. 1. 1998 and was receiving pro-rata pension on the date of his death. Therefore, in terms of Rule 76 of the Tamil Nadu Pension Rules, 1978, petitioner seeks family pension immediately from the date of the death of the employee. In the g. O. No. 110, at para 10, the relevant date is the date of death of the pensioner or 7. 3. 2001 (i. e.), the date of judgment of the learned single Judge, whichever is later. In effect the petitioner in this case will lose family pension from the date of death of the pensioner till 7. 3. 2001.

(3.) THE learned Additional Government Pleader appearing for the respondent contended that the family pension under G. O. Ms. No. 110, Transport Department dated 6. 6. 2002 will be from the date of the judgment of this court in w. P. No. 21204 of 1992 or from the date of death of the employee which ever is later, as the entitlement to family pension is on the basis of the order of the learned single Judge.