WP(MD)/28224/2026 of K.Indira Vs The Principal Secretary to G on 30 September 2026

O R D E R

The petitioner’s husband served as a Senior Grade Conductor in Sattur Branch of the respondent Transport

Corporation. He died on 04.01.2021 and therefore, the petitioner, being his wife is receiving family pension from 05.04.2021. However, the dearness allowance, due to the family pension, has been denied to the petitioner. Therefore, the petitioner is before this Court seeking a writ of mandamus.

2. This issue has already been decided by this Court in W.P. (MD)No.35410 of 2025, by order dated 10.12.2025. As against the same, a writ appeal has been filed by the Transport Corporation before a Division Bench of this Court in W.A.(MD)No.556 of 2026. The Division Bench of this Court, by a Judgment dated 30.04.2026, has dismissed the appeal in the following terms.

13. It is to be noted that in the present case, the employment of the writ petitioner was not a consequence of the writ petitioner’s husband’s death, rather it was secured on the writ petitioner on her own merits before the writ petitioner’s husband's passing away. The Dearness allowance received by the writ petitioner from her salary is not related to the service of the Writ petitioner’s husband, it was related to the writ petitioner’s service. In the same way, the Dearness Allowance on the family pension is linked to the service rendered by the deceased husband, which forms part of the terminal benefits from his employer. Thus, denying the DA on family pension does not prevent double benefits; instead, it merely penalises the family of the deceased because the writ petitioner was gainfully employed on her own merits.

14. It is to be noted that 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. Thereafter, as per the memorandum issued by the Government of India 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 pursuance to the above said memorandum dated 02.07.1999, the Government of Tamil Nadu, vide G.O.Ms.No.112 dated 24.03.2008 allowed Dearness Allowance on family pension in the case of employed family pensioners and the same has been clearly mentioned in paragraph No.3 of the said G.O., cited supra. Therefore, we are of the view that rejecting the writ petitioner's request on the ground that since she is working as Deputy Director/P.A. (Agri) to the District Collector, Theni, she is not entitled for Dearness Allowance on family pension, is contrary to the above mentioned G.O.Ms.No.112 dated 24.03.2008. There is no merits in the writ appeal and the same is liable to be dismissed. Accordingly, this writ appeal is dismissed.

3. Mrs.W.Pamelin, learned Additional Government Pleader takes notice for the first respondent. Mr.P.F.Ferlin Castro, learned Standing Counsel takes notice for the second respondent. Mr.S.C.Herold Singh, learned Standing Counsel takes notice for the third respondent and by referring an interim order passed by a Division Bench of Principal Seat in C.M.P.Nos.17855 and 17857 of 2026 in Rev.Apl.SR.Nos.76271 and 70266 of 2026, submits that in similar issues, review applications have been entertained and interim order has also been passed by the Division Bench of Principal Seat.

4. A perusal of the interim order passed in C.M.P.Nos.17855 and 17857 of 2026 in Rev.Apl.SR.Nos.76271 and 70266 of 2026 reveals that an order has been passed in W.A.Nos.2422 and 2424 of 2022 by a Division Bench of the Principal Seat and the same has been stayed by a Division Bench of the Principal Seat while entertaining the review applications and the review applications are yet to be decided.

5. However, the fact remains that a Division Bench of this Court has taken a similar decision based on the decision taken by a Division Bench of the Principal Seat in W.A.Nos.2422 and 2424 of 222 dated 23.09.2025 and also the Judgment of the Hon'ble Supreme Court in State of Uttar Pradesh and others vs. Ajay Kumar Sharma, reported in 2016 15 SCC 289.

6. Since the issue has already been decided by this Court in W.P. (MD)No.35410 of 2025, on 10.12.2025, which has also been confirmed by the Division Bench of this Court in W.A.(MD)No.556 of 2026, by Judgment dated 30.04.2026, this writ petition is allowed. The respondents are directed to pay the eligible Dearness Allowance on the family pension of the petitioner's husband to the petitioner forthwith. No costs. 30-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No VRN

To

1. The Principal Secretary to Government Transport Department, St.George Fort, Chennai.

2. The Managing Director Tamil Nadu State Transport Corporation (MDU) LTd., Bye Pass Road, Madurai - 625 016.

3. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai 600 002.

B.PUGALENDHI, J. vrn Order made in W.P(MD)No.28224 of 2026 30.09.2026