JUDGMENT :

1. The plaintiffs in O.S.No. 2796 of 2010 on the file of VI Assistant City Civil Court, Chennai are the appellants herein. They had filed the suit seeking a declaration that the order passed in Letter No. 10127/P8/SC4/MTC/2007 dated 04.07.2007 is null and void and to direct the defendants, the Secretary to Government (Transport TBC) Department and the Financial Adviser and Chief Accounts Officer, Metropolitan Transport Corporation (Chennai), Ltd., and the Accountant General (Accounts-Entitlement), Chennai, to pay family pension to the first plaintiff from the account PPO No. A550723 of C.Muniyandi, whom the first plaintiff claimed was her husband.

2. The said C.Muniyandi had joined State Transport Department and was later transferred to State Transport Corporation. He retired on 31.07.1990. He was receiving his family pension vide PPO No. A550723. He died on 02.09.2004. The first plaintiff applied for family pension in Form -14 through the second defendant. It was returned, stating that she was not entitled for family pension as she was his second wife.

3. It was stated in the plaint that the first wife had died on 19.06.1989.

4. The first plaintiff claimed that she had m