M. Jayalakshmi vs The General Manager, Tamilnadu State Transport Corporation Limited

M. Venugopal, J.—The Petitioner has filed the present Writ Petition seeking the relief of Certiorarified Mandamus in calling for the records of the Respondent pertaining to the order dated 12.4.2005 and to quash the same.

The Petitioner''s late husband M. Manickam worked as Selection Grade Conductor in the Respondent/Transport Corporation for more than two decades. He retired from service on Voluntary Retirement Scheme and he was granted pension as per Pension Rules of the Respondent/Transport Corporation.

It is not in dispute that the Petitioner''s husband Manickam expired on 26.9.2003.

According to the learned Counsel for the Petitioner, the General Manager of the Respondent/Transport Corporation through his communication dated 12.4.2005 has rejected the claim of the Petitioner in regard to the pension claimed by her on the ground that as per Tamil Nadu Government Transport Corporation Pension Trust Rules, second wife is not entitled to get pensionary benefits.

The learned Counsel for the Petitioner, advancing his arguments, submits that the Petitioner''s husband''s first wife Meenakshi expired on 17.3.1977 and further that her husband joined the Transport Corporation on 8.7.1978 as Conductor and as a matter of fact, only after the death of the first wife Meenakshmi, her late husband has joined the Transport Corporation.

The learned Counsel for the Petitioner brings it to the notice of this Court that marriage between her and her husband M. Manickam took place on 15.9.1980 and they have two male children out of the wedlock. Admittedly, the Petitioner''s husband Manickam expired on 26.9.2003 at the Government Hospital, Puthur, Trichy.

Expatiating his arguments, the learned Counsel for the Petitioner submits that her husband''s first wife''s three female children have given an affidavit dated 3.3.2004 to the Transport Corporation stating that they have no objection for the Petitioner to receive the outstanding amount including pension to be paid to her deceased husband. Further, it is the contention of the learned Counsel for the Petitioner that the Petitioner has furnished the Death Certificate and No Objection affidavit signed by the three daughters of first wife of her husband to the Transport Corporation and in spite of the same, the Respondent/Transport Corporation has passed the impugned order dated 12.4.2005 rejecting her claim for pension.

8.. Conversely, it is the contention of the learned Counsel for the Respondent/Transport Corporation that during the pendency of the Writ Petition, the Government as per letter dated 10.5.2006 and Pension Trust letter dated 22.5.2006, has informed that second wife is entitled to 50% of family pension provided her marriage with the deceased employee or pensioner took place after the demise of the first wife and the Petitioner''s case is covered by the Government letter dated 10.5.2006 and Pension Trust Letter dated 22.5.2006. Therefore, the Petitioner was informed to produce the Death Certificate and Legal Heir Certificate to the Respondent/Transport Corporation, but she has not turned up.

Countering the submissions of the learned Counsel for the Respondent/Transport Corporation, the learned Counsel for the Petitioner submits that the Petitioner has produced the Death Certificate of her late husband dated 7.10.2003 issued by the Trichirappalli City Corporation and also produced the Legal Heir Certificate dated 16.3.2004 and in such circumstances, the Respondent/Transport Corporation is left with no option but to pay the pensionary benefits to the Petitioner.

On a careful consideration of respective contentions, this Court is of the considered view that the Respondent/Transport Corporation is to take into account of the affidavit of ''No Objection'' submitted by the first wife''s three children to the effect that they have no objection in regard to the Petitioner (Second Wife) receiving the outstanding dues of her late husband including the pension, to be paid to her. Further, the Petitioner is also directed to produce or submit another copy of Legal Heir Certificate and also to furnish the Death Certificate of her husband or any other Certificates to be required by the Respondent/Transport Corporation so as to enable the Respondent/Transport Corporation to pass an appropriate considered order on merits in a dispassionate manner. The Respondent/Transport Corporation is to pass appropriate orders uninfluenced and untrammeled by any of the observations made by this Court in this Writ Petition in a dispassionate manner by taking note of the overall assessment of the facts and circumstances of the case in a integral fashion and that too, in a conspectus manner within a period of six weeks from the date of receipt of copy of this order.

With these observations, this Writ Petition is disposed of. No costs.