HC directs TNSTC to pay family pension to driver's widow

The Madras High Court has directed the Tamil Nadu State Transport Corporation (TNSTC) to pay family pension to a widow whose husband worked as a driver after retirement from the military, and died in 2012.

The woman, Amalorpavam alias Amalorpava Mary, had filed a petition seeking a direction to the TNSTC to grant family pension to her for the services rendered by her husband Gabriel in the corporation.

Disposing of the plea recently, Justice T Raja cited various judgements and pension rules, and said a close reading of the rules showed that receiving two kinds of civil pensions was prohibited.
 

However, it also makes it clear that there is no restriction for payment of military pension to an employee, who got civil employment after his retirement from military service, the judge said.

The judge directed the transport corporation to pay the family pension to the petitioner within a period of four weeks from the date of receipt of a copy of the order.

The court also made it clear that the transport authorities were directed to release the arrears from the date of death of the petitioner's husband on March 2, 2012, "failing which, interest at the rate of 10 per cent p.a will be calculated".

According to the petitioner, her husband retired from defence services and subsequently joined the TNSTC, Dharmapuri region, as driver and retired on October 30, 2003.

He was receiving defence services' pension at the time of joining the corporation and was also granted pension from the corporation with effect from the date of retirement.

The petitioner submitted that when he died on March 2, 2012, this pension was stopped while she continued to get the defence services' benefit.

When she gave a representation to the TNSTC as a legal heir seeking family pension, she was orally informed that on account of receiving pension from the defence department, she was not entitled to receive yet another pension -- one pension from the defence and second pension from the state service.

Following this, she filed the present petition.