S.VALLI Vs. SECRETARY TO GOVERNMENT TRANSPORT DEPARTMENT

JUDGEMENT

(1.) This Writ Petition has been filed for a Writ of Certiorari cum Mandamus to quash the conditions laid down in para 7(a) and 10 of G.O.Ms.No.110 Transport Department dated 06.06.2002 and to consequently direct the Respondents to take steps to grant family pension and for payment of arrears to the Petitioner from 21.08.1995.

(2.) The case of the Petitioner is that her husband, K.A.Subramanian, was appointed as a Driver in the erstwhile Tamil Nadu State Transport Department and consequent to the formation of a new Transport Corporation, he was absorbed in the Transport Corporation as its employee. It is further stated that the Petitioner's husband was paid pro rata pension for services in the Transport Department and that Pension Payment Order No.A.560586 was issued to him. It is further stated that the Petitioner's husband received pension from the Government till his death on 20.08.1995. While in service, he contributed to the Employees Family Pension Scheme 1971. Accordingly, the Petitioner states that she became eligible for family pension under the E.P.F. Pension Scheme 1995 from 21.08.1995 and, at present, the Petitioner is receiving Rs.1321/- per month as family pension.

(3.) The Petitioner further states that a large number of employees of the erstwhile Tamil Nadu State Transport Department, who were later absorbed in various Transport Corporations, could not get pension for their services to the Department for the reason that they had not completed 10 years of service before the cut-off date of 01.05.1975 fixed by the Government and that, therefore, the cut off date of 01.05.1975 was challenged. Eventually, the Hon'ble Supreme Court, by Order dated 29.10.2003, in Civil Appeal Nos.1444 and 1445 of 1999 held that the cut-off date is illegal. Because the employees of the erstwhile Tamil Nadu State Transport Corporation were being denied the benefit of family pension, the said persons filed W.P.No.21204 of 1992 which was allowed by this Court and, consequently, the Government issued G.O.Ms.No.110 Transport Department dated 06.06.2002. However, this Government Order restricted the benefit of family pension to the members of the Association, which had filed W.P.No.21204 of 1992 and, therefore, subsequently, this restriction was challenged in W.P.No.19585 of 2003, which was allowed by order dated 11.02.2004. Consequently, G.O.Ms.No.189 Transport (RW1) dated 13.08.2004 was issued extending the benefits of pension to all the employees of the erstwhile Tamil Nadu State Transport Corporation.