IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04.11.2009 CORAM THE HONOURABLE Mr.JUSTICE R.SUDHAKAR W.P.NO.6630 of 2006 1.K.K.Kamala Bai 2.P.Stella Sarojamma ... Petitioners VS 1.The State of Tamilnadu Rep.by The Secretary to Govt. Transport Dept. Fort.St.George, Chennai-9. 2.The State of Tamilnadu Rep.by The Secretary to Govt. Finance Dept. Fort St.George Chennai-9. 3.The State Express Transport Corpn.Ltd. Rep.by its Managing Director Pallavan Salai Chennai-2. ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India praying for a writ of certiorarified mandamus directing the respondents to process the claim papers dated 4.3.2005 and 2.2.2005 filed by the petitioners before the respondents 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. For Petitioner ... Mr.D.Sadhasivan For R1 and R2 ... Mrs.C.K.Vishnupriya, Addl. Govt. Pleader. For R3 ... No appearance - - - - - ORDER
This petition is filed directing the respondents to process the claim papers dated 4.3.2005 and 2.2.2005 filed by the petitioners before the respondents 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.This writ petition has been filed by the spouses of later Transport Corporation employees seeking family pension consequent to the death of the eligible pensioner. Their claim has not been processed by the respondents.
3.In view of the limited prayer sought for considering the order passed by this Court in W.P.No.3396 of 2006 and also keeping in mind G.O.Ms.No.581 dated 18.09.2006, the third respondent is directed to accept the papers submitted by the petitioners in respect of their claim for family pension and pass necessary orders in accordance with law.
4.While considering the claim of the petitioners, due regard shall be given to the scope of G.O.Ms.No.581 dated 18.09.2006 and the order of this Court in W.P.No.482 of 2006 dated 23.09.2006 wherein the effective date of family pension will be the date of death of the eligible pensioner and not any other date.
5.With the above direction, the writ petition stands closed. No costs.
rgr
To
1.The State of Tamilnadu
Rep.by The Secretary to Govt. Transport
Dept. Fort.St.George, Chennai-9.
2.The State of Tamilnadu
Rep.by The Secretary to Govt. Finance Dept.
Fort St.George Chennai-9.
3.The State Express Transport
Corpn.Ltd. Rep.by its Managing Director
Pallavan Salai
Chennai 2