RADHAMMA Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner was a widow of one K.Subraya. THE late Subraya was serving as a Peon in the Taluk Office at Kasaragod which was part of composite State of Madras. He died on 18.8.1951. Since Kasaragod was earlier part of the composite state of Madras and at the time of his death, there was no scheme entitling widows of Government servants to get family pension, the petitioner was paid only compassionate gratuity of Rs.450/- by G.O.Rt.No.101 dated 22.2.1954.

(2.) SUBSEQUENTLY, the Government sanctioned pension for the widows of employees of the Government of Tamil Nadu as per G.O.Ms.No,748, Finance dated 26.5.1979. This was made applicable to such Government servants who died while in service or got retired prior to 1.4.1964. By G.O.Ms.No,.163, Finance dated 18.3.1982 the said order was clarified to mean that the place of retirement of such Government servants shall be the criterion to reckon the eligibility for getting for family pension. As a result of this clarification, several persons who have lost their husbands but who had served in the areas forming part of the erstwhile composite state of Madras became ineligible to get family pension.

(3.) THEREAFTER, the petitioner claimed through a legal notice that she was eligible for interest for the delayed payment of pension from 1.4.1979 till 31.3.1997 and the interest was claimed at the rate of 15% p.a on the delayed payment. The petitioner thereafter filed the present O.A.No,5104 of 1998 before the Tribunal seeking for a direction to pay interest at the rate of 15% on the delayed payment of family pension from 1.4.1979 to 31.3.1997.