BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date of Reserving the Order Date of Pronouncing the Order

25.11.2025 30.01.2026 CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU W.P.(MD) No.32012 of 2025 R.Jeyaparvathi ... Petitioner -vs-

1.The Tamil Nadu State Transport Corp., (Kumbakonam) Ltd., Rep., by its Managing Director, Kumbakonam.

2.The General Manager, The Tamil Nadu State Transport Corp., (Kumbakonam) Ltd., Karaikudi Region, Karaikudi.

3.The Administrator, The Tamil Nadu State Transport Corporation, Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai – 600 002. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus to direct the respondents to effect the payment of Dearness Allowance on the petitioner's Family Pension with effect from the date of death of her husband G.Krishnan i.e., 02.03.2012 and pay Dearness Allowance arrears on Family Pension from 02.03.2012 to till date and further directing the respondents to continue to pay Dearness Allowance on her family pension which is being received by her for the 25 years of service rendered by her husband G.Krishnan in the 1^st respondent Corporation as Driver (Staff No.82DR3013) within a time frame that may be fixed by this Court together with interest at the rate of 6% per annum from 02.03.2012 to till the date of actual disbursement.

For Petitioner : Mr.A.Rahul For Respondents : Mr.S.C.Herold Singh Standing counsel

O R D E R

This Writ Petition had been filed to direct the respondents to effect the payment of Dearness Allowance on the petitioner's Family Pension with effect from the date of death of her husband G.Krishnan i.e., 02.03.2012 and pay Dearness Allowance arrears on Family Pension from 02.03.2012 to till date and further directing the respondents to continue to pay Dearness Allowance on her family pension which is being received by her for the 25 years of service rendered by her husband G.Krishnan in the 1^st respondent Corporation, within a time frame that may be fixed by this Court together with interest at the rate of 6% per annum from 02.03.2012 to till the date of actual disbursement.

2. Heard Mr.A.Rahul, the learned counsel appearing for the petitioner and Mr.S.C.Herold Singh, learned Standing counsel appearing for the respondents.

3. The learned counsel appearing for the petitioner would submit that the petitioner having superannuated as a Secondary Grade Teacher, was granted with the monthly pension for the service rendered by her. He would further submit that the petitioner's husband worked as a Driver in the first respondent Corporation and had superannuated on 31.03.2007 and thereby was also sanctioned with the monthly pension for the service rendered by him. On the death of the petitioner's husband, the petitioner was also benefited with the family pension. But however, the respondents had not paid the Dearness Allowance on family Pension. He would further submit that the amount is less than the basic pension fixed by the Government as per the recommendations of the 7^th Pay Commission. Inspite of repeated representations, the petitioner was assured that as under the Government Orders, the claim of the petitioner would be considered. He would submit that it had come to the knowledge of the petitioner, the Government in G.O.Ms.No.112 Finance (Pension) Department, dated 24.03.2008, directed the payment of Dearness Allowance on family Pension to all employed family pensioners and the same had also been given with retrospective effect vide G.O.Ms.No.49, Finance (Pension) Department, dated 11.02.2009. Inspite of the same, the petitioner was not granted the Dearness Allowance on the family Pension paid to her. Hence, she had made representations on 30.09.2025 and

08.10.2025 for the said relief.

4. He would further rely upon the judgment of the Hon'ble Apex Court in the case of H.S.EB & Ors., vs. Azad Kaur reported in (2000) 2 SCC 227 and also the judgment of this Court in W.P.(MD).No.