This Writ petition is filed to issue a writ of certiorarified mandamus, calling for the records of the first respondent, relating to the G.O.Ms.No.110, Transport Department, dated 06.06.2002 and to quash the conditions in para-10 and to direct the respondents 1 and 3 to take steps to grant family pension to the petitioner from 19.12.1984 the date following the date of death of petitioner's husband.
2. Heard the learned counsel appearing for the petitioner, the learned Government Advocate appearing for the first respondent, the learned counsel appearing for the second respondent and the learned counsel appearing for the third 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:-
"12. In such view of the matter, clause-10 of the G.O.Ms.No.110, Transport Department, dated 06.06.2002 in so far as it fixes the effective date as 07.03.2001 is set aside. The petitioner in this case will be entitled to family pension under the Tamil Nadu Pension Rules, 1978, from the date following the date of death of the pensioner/ employee, viz., 28.10.1994 and not from the date as specified in para 10 of the G.O.Ms.No.110 Transport Department dated 6.6.2002. If any application is required, petitioner shall submit the same within four weeks from the date of receipt of a copy of this order. Thereafter, the respondent shall pass appropriate orders in terms of the order of this court for family pension within a period of four weeks from the date of such application. This writ petition is allowed. No costs."
4. Following the earlier decision of this Court in W.P.No.482 of 2008, wherein Para 10 of the G.O.Ms.No.110 Transport Department dated 6.6.2002 has been set aside, the petitioner will be entitled to the same relief. Accordingly, the petitioner in this case will be entitled to family pension under the Tamil Nadu Pension Rules, 1978, from the date following the date of death of the pensioner/employee, and not from the date as specified in para 10 of the G.O.Ms.No.110 Transport Department dated 6.6.2002. If any application is required, petitioner shall submit the same within four weeks from the date of receipt of a copy of this order. Thereafter, the respondents 1 and 3 shall pass appropriate orders in terms of the order of this court granting family pension within a period of four weeks from the date of such application. This writ petition is allowed. No costs.
ts To
1.The Secretary to Government, Transport Department, Secretariat, Chennai 9.
2.The Managing Director, Metropolitan Transport Corporation, Chennai-600 002.
3.The General Manager, State Express Transport Corporation (Tamil Nadu) Limited, No.2, Pallavan Salai, Chennai 600 002