CHELLAMMAL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS petition is filed calling for the connected and relevant records relating to the orders passed by the third respondent in Lr. No. 12223/r[ep 12/j. m. ngh. f (tp) ypl;. nt. K/04 dated 6. 1. 2005 and quash the same and direct the first respondent to extend the benefit of Family Pension granted in G. O. Ms. No. 189 transport Department dated 13. 8. 2004 to the petitioners.

(2.) THE two petitioners herein are the spouses of the late employees of the respondent State Transport Corporation. With effect from 01. 05. 1975, consequent to the formation of the various Transport Corporations, the Government employees working in Transport Department were absorbed into the Corporation of the government granting certain benefits as per G. O. Ms. No. 1028 (transport) dated 23. 08. 1985. The retired employees and the family members were granted pension, gratuity, provident fund, earned leave, etc.

(3.) THE Transport Corporation Retired Employees Association filed W. P. No. 21204 of 1992 for grant of family pension under the Pension Rules and by an order dated 07. 03. 2001, this Court in the above said writ petition granted the benefit of family pension under the existing Pension Rules to the families of eligible members of the Tamil Nadu State Transport Retired Employees Association. As such, order was implemented in G. O. Ms. No. 110 dated 06. 06. 2002 and paragraph 6 of the said G. O. reads as follows - 6. The Government also direct that the eligible family pensioners are entitled to Family Pension and D. A. as applicable from time to time to Government pensioners as per the existing Pension rules.