Dismissed¶36

M.Alamelu, W/O.Late. v. the Secretary

Madras HC28 Aug 2025WP(MD)/6612/2017

Case brief

AI extract

What is this about?

Madras High Court (Madurai Bench), W.P.(MD) No.6612 of 2017, pronounced 28.08.2025 by Dr. A.D. Maria Clete, J.: widow's writ petition for sanction of pension and pension benefits w.e.f. 01.04.1982 under G.O.Ms.No 42 (27.05.2005) and G.O.Ms.No.96 (31.07.2015) for late husband's service in erstwhile TNSTD/Pallavan-TNSTC, relying on Ananchu Asari (2003) 10 SCC 503, DISMISSED — counter affidavit computed qualifying service as 7 years, 3 months and 3 days (less than 10 years) as on 31.03.1982; no order as to costs.

What did the court decide?

This Court held that the petitioner has not made out a sustainable case; consequently the writ petition stands dismissed, with no order as to costs. ¶36

M.Alamelu, W/O.Late. Vs the Secretary — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the petitioner, widow of late P. Mariappan, is entitled to sanction of pension and pension benefits with effect from 01.04.1982 as per G.O.Ms.No 42 dated 27.05.2005 and G.O.Ms.No.96 dated 31.07.2015, for her husband's service in the erstwhile Tamilnadu State Transport Department (1967–1975) and pension from the 3rd respondent (1975–2002). +1 more

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Court's answer

This Court held that the petitioner has not made out a sustainable case; consequently the writ petition stands dismissed, with no order as to costs.

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Detailed headnote1 paragraphs

Dismissal of widow's pension claim. M. Alamelu, widow of late P. Mariappan — initially employed as a Conductor in the Government-owned Transport Department and subsequently absorbed into the Pallavan Transport Corporation, who passed away on 03.06.2002 — sought a writ of certiorarified mandamus to quash the Order dated 23.05.2016 in Letter No. 9070/C4/SETCTN/2015 on the file of the 3rd respondent (General Manager, Tamil Nadu State Express Transport Corporation) and to direct sanction of pension and pension benefits with effect from 01.04.1982 as per G.O.Ms.No 42 dated 27.05.2005 and G.O.Ms.No.96 dated 31.07.2015, for the husband's service in the erstwhile Tamilnadu State Transport Department from 1967 to 1975 and pension from the 3rd respondent from 1975 to 2002, placing reliance on Government of Tamil Nadu & Ors. v. M. Ananchu Asari & Ors., (2003) 10 SCC 503 (cut-off date for pension entitlement fixed as 01.04.1982). The 3rd respondent's counter affidavit dated 17.08.2017 computed the deceased's qualifying service from 01.02.1970 to 31.03.1982 in line with the Ananchu Asari principles as 7 years, 3 months and 3 days, and averred ineligibility under G.O.Ms.No. 96 Transport (RW1) Department dated 31/07/2015 for want of 10 years' net qualifying service as on 31/03/1982. Held: the petitioner had not made out a sustainable case; the writ petition was dismissed with no order as to costs. (Dr. A.D. Maria Clete, J.; reserved 29.07.2025, pronounced 28.08.2025.)

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W.P.(MD) No.6612 of 2017

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Reserved On : 29.07.2025

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Pronounced On : 28.08.2025

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CORAM:

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THE HONOURABLE DR. JUSTICE A.D. MARIA CLETE

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W.P. (MD) No.6612 of 2017

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M.Alamelu, W/o.Late P.Marriappan, Checking Inspector TNSTD Staff No.4665, TNSETC Staff No.A3008, Checking Inspector (Retd), 26A, Nellaiappapuram, Thirunagar, Madurai- 625 006. ... Petitioner

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Vs.

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The Secretary, Transport Department, Secretariat, Fort St. George, Chennai- 600 009. 2.The Account General (A8bE), Office ofthe Account General, D.M.S.Nandanam, Chennai- 18

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The General Manager, Tamil Nadu State Express Transport Corporation, Pallavan Illam, Pallavan Salai, Chennai- 600 002. ... Respondents

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.6612 of 2017

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PRAYER :

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To issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned Order dated 23.05.2016 in Letter No. 9070/C4/SETCTN/2015 on the file of 3^rd respondent and to quash the same and consequently direct the respondents to sanction pension, pension benefits to the petitioner with effect from 01.04.1982 as per G.O.Ms.No 42 dated 27.05.2005 and G.O.Ms.No.96 dated 31.07.2015 in direct the 2^nd Respondent to pay appropriate pension, pension benefits for the service rendered by the petitioner husband by name Late Marriappan in the erstwhile Tamilnadu State Transport Department from 1967 to 1975 and direct the 3^rd Respondent to pay pension from 1975 to 2002.

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APPEARANCE OF PARTIES :

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For Petitioner : Mr. S.Arunachalam, Advocate

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For Respondents : Mr.T.Amjad Khan Government Advocate for R1 : Mr.P.Gunasekara, Advocate for R2

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: Mr.K.Sathiya Singh, Standing Counsel for R3

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J U D G M E N T

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Heard.

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The Petitioner is the wife of late P. Mariappan, who was initially

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employed as a Conductor in the Government-owned Transport

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.6612 of 2017

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Department and was subsequently absorbed into the Pallavan Transport Corporation, a State-owned undertaking. Her husband passed away on 03.06.2002. After a lapse of 15 years from his demise, the Petitioner has approached this Court seeking pensionary benefits for the period of Government service rendered by him. In support of her claim, reliance has been placed on the judgment of the Hon’ble Supreme Court in Government of Tamil Nadu & Ors. v. M. Ananchu Asari & Ors., reported in (2003) 10 SCC 503 , wherein the cut-off date for entitlement to pension was fixed as 01.04.1982.

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The writ petition was admitted on 12.04.2017, and pursuant to notice issued by this Court, the 3^rd Respondent filed a counter affidavit dated 17.08.2017. In paragraph 9 of the counter, the qualifying service of the deceased employee was calculated for the period from 01.02.1970 to 31.03.1982, in line with the principles laid down in Ananchu Asari ’s case (supra). The said calculation showed that the total qualifying service amounted to 7 years, 3 months, and 3 days. In paragraph 10 of the counter affidavit, it was further averred as follows:–

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“10. I submit that the petitioner’s husband Thiru. P.Mariappan is not eligible sanction for sanction of Government pension with reference to G.O.Ms.No. 96

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.6612 of 2017

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Transport (RW1) Department, dated 31/07/2015 as the ex-employee has got only less than 10 years of net qualifying service as on 31/03/1982. Further the name mentioned in the petition as Thiru.Thamburan who opted to OSSR is entirely difference one and not similar to this case.”

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In light of the foregoing discussion, this Court is of the

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considered view that the Petitioner has not made out a sustainable case. Consequently, the writ petition stands dismissed. However, there shall be no order as to costs.

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28.08.2025

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Index: Yes / No Speaking Order / Non-speaking Order Neutral Citation : Yes / No LS

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W.P.(MD) No.6612 of 2017

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