IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18.11.2009 Coram: THE HONOURABLE Mr.JUSTICE R.SUDHAKAR Writ Petition Nos.36609, 41916, 47084 of 2006 and 11349 of 2008 and M.P.No.1 and 2 of 2006 in W.P.No.36609 of 2006 M.P.No.1 and 2 of 2006 in W.P.No.41916 of 2006 M.P.No.2 of 2006 in W.P.No.47084 of 2006 M.P.No.1 of 2008 in W.P.No.11349 of 2008 Smt.Asha ... Petitioner in W.P.No.36609 of 2006 Smt.Lakshmikutty ... Petitioner in W.P.No.41916 of 2006 Smt.Adhilakshmi ... Petitioner in W.P.No.47084 of 2006 Smt.Lakshmi ... Petitioner in W.P.No.11349 of 2008 Vs. The Secretary to Government, Transport Department, Secretariat, Chennai – 9. ... Respondent in all the W.Ps. Writ petitions are filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus, calling for the records, relating to the G.O.Ms.No.110, Transport Department, dated 06.06.2002 and to quash the conditions in para-10 as arbitrary and illegal and to direct the respondent to pay family pension to the respective petitioner with effect from 8.10.92, 2.2.92, 12.7.96 and 25.8.98, the date following the date of death of respective petitioner's husband. For Petitioner in W.P.Nos.36609 and 41916 of 2006 : Mr.C.Manohar, https://hcservices.ecourts.gov.in/hcservices/ For Petitioner in W.P.Nos.47084 of 2006 and 11349 of 2008 : Mr.M.A.R.Pragash, For Respondent in W.P.No.36609, 47084 of 2006, 11349 of 2008 : Mr.V.Manoharan, Government Advocate. For Respondent in W.P.No.41916 of 2006 : Mr.A.Suresh, Government Advocate. COMMON ORDER These Writ petitions are filed praying to issue a writ of certiorarified mandamus, calling for the records, relating to the G.O.Ms.No.110, Transport Department, dated 06.06.2002 and to quash the conditions in para-10 as arbitrary and illegal and to direct the respondent to pay family pension to the petitioner with effect from the date following the date of death of respective petitioner's husband. 2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the 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 https://hcservices.ecourts.gov.in/hcservices/ 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, respective 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 granting family pension within a period of four weeks from the date of such application. This writ petition is allowed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar ts To The Secretary to Government, Transport Department, Secretariat, Chennai – 9. + 2 cc to Mr.C.Manohar, Advocate Sr 61890, 61889 + 1 cc to Mr.M.A.R.Pragash, Advocate, SR 62122 + 1 cc to the Government Pleader SR 62279 Common Order in W.P.Nos.36609, 41916, 47084 of 2006 and 11349 of 2008 BV (CO) RH(3.12.09) https://hcservices.ecourts.gov.in/hcservices/