The main legal point established is that the petitioner is entitled to full family pension with all benefits as per Rule 49 of the Pension Rules, based on the interpretation of qualifying service for pension benefits.

JUDGMENT

(Prayer:Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus directing the respondents to consider the claims of the petitioner for granting regular family pension as per the rule 49 of the Pension Rules from the date of death of the petitioner''s husband w.e.f. 08.06.2005 and grant full family pension with all benefits.)

1. This writ petition has been filed by the petitioner seeking direction to the respondents to consider the claims of the petitioner for granting regular family pension as per the rule 49 of the Pension Rules from the date of death of the petitioner''s husband w.e.f. 08.06.2005 and grant full family pension with all benefits.

2. The case of the petitioner is that the petitioner’s husband namely V.Subramanian was initially selected and appointed as Village Assistant in the year 1981 on consolidated pay/salary and thereafter, he was brought into regular establishment on 01.06.1995. Subsequently, he was given time scale of pay in the post of Village Assistant from 01.06.1995 onwards. While serving in the said post, he died on 07.06.2005, leaving behind his wife/petitioner and children as legal heirs. This being so, after his demise, the respondents have not granted the family pension at the rate of basic pay along with dearness allowance. However, the petitioner was given only Rs.150/- as exgratia instead of family pension. When the petitioner approached the authority and enquired about the non-sanctioning of family pension at the rate of basic pay of her demised husband, the respondents orally stated that since, her husband has not completed ten years of qualifying service, the family pension at the rate of basic pay of her demised husband could not be paid.

2.2. The grievance of the petitioner is that the respondents did not count her husband’s past service along with regular service for granting family pension, however, in the case of one Mrs.Anjalam, wife of late Raju (Worked as Village Assistant), the respondents have granted family pension. The petitioner’s husband has completed ten years of regular service, even then, the respondents have not granted family pension to the deceased family at the rate of basic pay of the deceased. Hence, she has submitted a representation dated 25.03.2019 before the respondents, requesting to grant full family pension and other death benefits to her at the rate of basic pay of her deceased husband. Since, the representation has been made, no action was taken by the respondents. Aggrieved over the same, the petitioner has come forward with the present writ petition.

3. Learned counsel for the petitioner submitted that as per Pension Rules, the petitioner is entitled to get family pension at the rate of 50% of basic pay of deceased husband. The reading of Tamil Nadu Pension Rules, 1978 shows that the requirement of 10 years of service is only for granting pension, in so far as the employee, who retired on attaining the age of superannuation and in so far as granting of family pension to the deceased family, the completion of more than one year service is enough. In this case, the petitioner’s husband has completed 10 years of regular service, even then, the deceased family was not granted family pension.

4. Learned counsel for the petitioner further submitted that without following the Pension Rules, 1978 and without granting regular family pension to the petitioner at the rate of basic pay of the deceased, the respondents have granted only Rs.150/- as ex-gratia. Further, the petitioner has also made several representations to the respondents, but the same was not considered. Due to sudden demise of petitioner’s husband, now the deceased family is in starving condition without any financial assistant like family pension. Hence, he prayed this Court to direct the respondents to grant family pension as per Rule 49 of the Tamil Nadu Pension Rules,1938 from the date of death of the petitioner’s husband with