By consent, this Writ Petition is taken up for final disposal.
2. The petitioner would state that her husband L.Gnanam was appointed as a Sr. Assistant in the erstwhile State Transport Corporation on 06.07.1963 and his service was also regularized in the said post and subsequently, on formation of various new Transport Corporations, the petitioners husband was absorbed in the Metropolitan Transport Corporation Ltd./second respondent herein on 01.05.1975 and he was allotted with Staff No.7023 and while discharging his duties as Sr. Assistant, the petitioner's husband died on 27.05.1985 while in service. It is further averred by the petitioner that her husband, while in service, was contributing to Employees Family Pension Scheme, 1971 till his death and after his demise, the petitioner was receiving a sum of Rs.641/- as Family Pension under EPF Scheme, 1971 and since it is a very meager amount, she find it extremely difficult to make both ends meet. The grievance expressed by the petitioner is that after the demise of her husband, pensionary benefits has not been conferred upon her and in this regard, she has also submitted a representation dated 05.10.2015 and since no orders has been passed, she came forward with this writ petition.
3. The learned counsel appearing for the petitioner would submit that in compliance of the order dated 11.02.2004 passed in W.P.No.19585 of 2003, the Government came forward to issue G.O.Ms.No.189, Transport (RW1) Department dated 13.08.2004, conferring the benefit of Family Pension to the spouses of all the employees of the State Transport Department and further drawn the attention of this Court to the judgment dated 18.08.2010 made in W.A.No.1246 of 2009 [A.Loganayaki v. The Secretary to Government, Transport Department, Chennai-9 and 3 others], as well as the order dated 27.08.2014 made in W.P.Nos.18886 of 2014 etc., batch [Y.Sakunthala and Others v. Secretary to Government, Transport Department, Chennai-9 and Others], order dated 20.04.2015 made in W.P.No.11372 of 2015 [N.Saroja v. The State of Tamil Nadu, rep by its Secretary, Transport Department, Chennai-9 and Others] and the order dated 20.08.2015 made in W.P.No.25880 and 25881 of 2015 [Mrs.C.Munirathinam and another v. The State of Tamil Nadu, rep by its Secretary, Transport Department, Chennai-9 and Others] and prays for appropriate orders.
4. Heard the submissions of Mr.K.Dhananjayan, learned Special Government Pleader who accepts notice on behalf of the first respondent and Mr.P.Paramasivadoss, learned Standing Counsel who accepts notice on behalf of the respondents 2 and 3 and also perused the materials placed before it.
5. A perusal of the materials placed would indicate that in terms of G.O.Ms.Nos.189 and 42 of the first respondent dated 13.08.2004 and 27.05.2005 respectively, erstwhile employees of the Tamil Nadu State Transport Corporation, who have put in 10 years of service from the date of their permanent absorption, are entitled to pension and as such, the petitioner is also entitled to receive the same after the demise of her husband.
6. Though the petitioner pray for larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the same, directs the first respondent to consider and dispose of the petitioners representation dated 05.10.2015, in the light of the observations made above and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner.
7. This Writ Petition is disposed of accordingly. No costs.
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1.The Secretary, The State of Tamil Nadu, Transport Department, Secretariat, Chennai-600 009.
2.Metropolitan Transport Corporation Ltd., (Old Pallavan Transport Corporation Ltd.,) Rep. by its Managing Director, Pallavan Salai, Chennai-600 002.
3.The Commissioner, Employees Provident Fund, Regional Office, No.20, Royapettah High Road, Chennai-600 014.
M.SATHYANARAYANAN. J jvm W.P.No.4968 of 2017 28.02.2017 http://www.judis.nic.in