21.Tamil Nadu Pension Rules also contains provisions for meeting situations like this. Pension Rules provides that in case the employee has received the Employee's contribution of Provident Fund and subsequently opts for family pension, the pensioner or the spouses shall refund such contribution in monthly installments not exceeding 36 in number, the first installment beginning the following month in which he/she exercised the option. Therefore, it was not open to the respondent to deny the family pension solely on the ground of receiving the Employer's share of Provident Fund. It is also a matter of record that the Government have issued a proceeding dated 02.06.2006 requesting all the Collectors and District Treasury Officers to take necessary steps to implement Tamil Nadu Pension Rules, 1978 by calling upon the pensioners to exercise their option to receive only one pension in case they are eligible for more than one pension. The case of the appellant is clearly covered by rule 13(b). The appellant is entitled to the family pension as per G.O.Ms.No.189 dated 13.08.2004. Therefore, the appellant should have been given an opportunity to exercise her option. This aspect was not considered by the learned single Judge.
