LAWS(MAD)-2009-11-587

ASHA Vs. SECRETARY TO GOVERNMENT TRANSPORT DEPARTMENT

Decided On November 18, 2009
ASHA Appellant
V/S
SECRETARY TO GOVERNMENT TRANSPORT DEPARTMENT Respondents

JUDGEMENT

(1.) THESE Writ petitions are filed praying to issue a writ of certiorarified mandamus, calling for the records, relating to the G. O. Ms. No. 110, Transport department, dated 06. 06. 2002 and to quash the conditions in para-10 as arbitrary and illegal and to direct the respondent to pay family pension to the petitioner with effect from the date following the date of death of respective petitioner's husband.

(2.) HEARD the learned counsel appearing for the petitioner and the learned government Advocate appearing for the respondent at length.

(3.) THE impugned G. O. Ms. No. 110 Transport Department dated 6. 6. 2002 was considered by this court in W. P. No. 482 of 2008 and para 10 of the said G. O. was set aside. The family pension was extended to the petitioner in that case from the date of death of the employee and not from the date 7. 3. 2001. Respondent was directed to grant family pension from the date of death of the employee. The relevant portion of the order reads as follows:-