M. Balusamy v. Tamil Nadu State Transport Corporation (KMU-DN. I) Ltd. , Rep. by its Managing Director
2007-07-02
K.CHANDRU
body2007
DigiLaw.ai
Judgment : The petitioner has worked as Sub-Inspector of Police and retired from service during 1998 and he has been drawing pension from the Government for the service rendered by him. The petitioners son one Navaneetha Krishnan was employed as Staff of the respondent/Corporation and unfortunately he died on 24.4.1999. He was eligible for pension as per the Tamil Nadu State Transport Corporation Employees Pension Fund and the said fund was also provides for family pension to the family members, which includes nomination by an unmarried employee, his father or mother to receive the family pension till their lifetime. Since the petitioner happened to be the father of the deceased V. Navaneetha Krishnan, he was paid pension, and also Dearness Allowance payable on the said pension. The said Dearness Allowance was discontinued and the petitioner came to know about the discontinuance only when the petitioner was told that because he was already getting pension and Dearness Allowance from the Government as a Pensioner, he will not be paid Second Dearness Allowance on the said pension. Aggrieved by the stand of the respondents, the petitioner has filed the present writ petition, seeking for a direction to the respondent to pay the petitioner Dearness Allowance along with Family Pension and also the arrears of the said Dearness Allowance with effect from 25.4.1999. 2. Notice was also ordered on the Writ petition to the respondent and today when the matter called, the learned counsel for the respondent has produced a copy of the Tamil Nadu State Transport Corporation Pension Fund Rules and in Paragraph 20(A) of the rules deals with Dearness Allowance of Pensioner. It merely states that in addition to basic pension, the pensioners are eligible for family pension to the member of the family to those who has rendered less than 7 years but not less than one year of service at the rate of 30% of the basic pay. The learned counsel for the Transport Corporation contends that once it is ruled about the rate fixed by the Government, the other rules of the Government, namely, that there could not be two Dearness Allowance for a same person to get pension will also apply. Such pension is not open to the respondent/corporation. 3. The pension fund in the Transport Corporation is unlike the pension fund payable by the State Government.
Such pension is not open to the respondent/corporation. 3. The pension fund in the Transport Corporation is unlike the pension fund payable by the State Government. Here a pension fund was created after getting contributions from the employer and employees and the entire Provident Fund accumulation towards Family Pension Fund was transferred to this fund and the rules of the Pension Fund was as a result of settlement under Section 12(3) of the I.D. Act. A perusal of the said rule does not indicate that if family pension or any kind of pension that he is not eligible to Dearness Allowance payable by the Transport Corporation. 4. In the result, the writ petition is allowed. The respondent is directed to pay Dearness Allowance, to the petitioner, the family pension drawn on the death of his son/(Staff No.8719 of 2007) within a period of two weeks from the date of receipt of a copy of this order and pay the arrears to the petitioner due within four weeks thereafter. No costs. Writ petition allowed.