Employed family pensioners are entitled to dearness allowance despite employment status based on relevant governmental orders.

ORDER

The petitioner's husband was working as a Special Grade Driver in the respondent Transport Corporation and he died on 21.05.2023, while he was in service. The petitioner is working as Head Mistress in a Primary School. After the demise of her husband, the petitioner is receiving the family pension. However, she has been denied Dearness Allowance on the family pension. Therefore, she submitted a representation dated 10.11.2025 to the respondents, seeking to revise the family pension by adding the dearness allowance. Vide the impugned proceedings dated 25.11.2025, the request of the petitioner was rejected on the ground that she is working as Head Mistress, she is not entitled for dearness allowance on family pension and G.O.Ms.No.112 dated 24.03.2008 is applicable only to the pensioners and not to the family pensioners. Challenging the same, the present writ petition has been filed.

2.In fact, the dearness allowance on family pension was suspended by the Government of Tamil Nadu, vide G.O.Ms.No.191, Finance (Pension) Department, dated 16.03.1996. However, the Government of India, in its office memorandum, dated 02.07.1999, has issued orders allowing dearness allowance on family pension to the employed family pensioners at the rates applicable from time to time. In view of the memorandum of the Government of India dated 02.07.1999, the Government of Tamil Nadu, vide G.O.Ms.No.112 dated 24.03.2008, decided to allow dearness allowance on family pension in the case of employed family pensioners. Therefore, the impugned order rejecting the request of the petitioner for providing dearness allowance on the family pension on the ground that since she is working as a Head Mistress, she is not entitled for dearness allowance on family pension, cannot be sustained.

3.Accordingly, this writ petition is allowed and the impugned order dated 25.11.2025 is hereby set aside. No costs. Consequently, connected miscellaneous petition is closed.