S.Muthulakshmi, vs The Principal Secretary to G

Court
Madras High Court

WP(MD) No. 30526 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27-10-2026
CORAM
THE HON'BLE MR JUSTICE B.PUGALENDHI
WP(MD) No. 30526 of 2026
CNR:{HCMD011513932026}
S.Muthulakshmi,
D/o T.Viswanathan (Late),
Selection Grade Conductor,
Staff No. 3709,
No.6/51A R.C street, Kathalampatti (PO),
Vilathikulam,
Thoothukudi District.
..Petitioner
Vs
1. The Principal Secretary to Government,
Transport Department,
St. George Fort,
Chennai
2. The Managing Director
Tamil Nadu State Transport,
Corporation (Thirunelveli) Limited,
23/2, Kattaboman Nagar,
Thirunelveli-627 011.
3. The Administrator
Tamil Nadu State Transport,
Corporation Employees Pension Fund Trust,
Thiruvalluvar Illam,
Pallavan Salai,
Chennai 600 002
..Respondents
PRAYER: S-38. Writ Petition filed under Article 226 of the
Constitution of India, praying this Court to issue a Writ of
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WP(MD) No. 30526 of 2026
Mandamus directing the respondents to pay Dearness Allowance on
petitioners family pension from 10.12.2018 being the date of death
of her husband and to pay the arrears thereof and interest at the rate
of 6 percent per annum and to continue the pension payment along
with Dearness Allowance within a time frame as may be fixed by
this Honble Court and pass such further or other orders as this
Honble Court may deem fit and proper in the nature and
circumstances of the case and thus render justice.
For Petitioner :Ms. D.Ramya
For R1 :Mr.M.Mahaboob Athiff
Special Government Pleader
For R2 :Mr.K.Ramaiah
Standing Counsel
For R3 :Mr.S.C.Herold Singh
Standing Counsel
O R D E R
The petitioner served as a Clerk in Tamil Nadu
Electricity Board and retired from service on 31.01.2010. She is
receiving family pension from the Government. The petitioner’s
husband served as a Conductor in the respondent Corporation and
retired from service on 28.02.2011. After his demise in the year
2018, the petitioner is receiving family pension from the
Government. However, the dearness allowance, due to the family
pension, has not been provided to this petitioner. Therefore, the
petitioner is before this Court seeking a writ of Mandamus.
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WP(MD) No. 30526 of 2026
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
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WP(MD) No. 30526 of 2026
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.Mr.S.C.Herold Singh, learned Standing Counsel
rd
appearing for the 3 respondent, 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.
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WP(MD) No. 30526 of 2026
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.
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WP(MD) No. 30526 of 2026
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.
27-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
VRN
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WP(MD) No. 30526 of 2026
To
1. The Principal Secretary to Government,
Transport Department,
St. George Fort,
Chennai
2. The Managing Director
Tamil Nadu State Transport,
Corporation (Thirunelveli) Limited,
23/2, Kattaboman Nagar,
Thirunelveli-627 011.
3. The Administrator
Tamil Nadu State Transport,
Corporation Employees Pension Fund Trust,
Thiruvalluvar Illam,
Pallavan Salai,
Chennai 600 002
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WP(MD) No. 30526 of 2026
B.PUGALENDHI, J.
vrn
Order made in
WP(MD) No. 30526 of 2026
27.10.2026
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