A pensioner cannot draw two dearness reliefs, one on salary and another on family pension.

The petitioner was appointed to the respondent Corporation on compassionate grounds on April 20, 1974, following her husband's death in 1972.

Upon his death, she was sanctioned a Family Pension.

She subsequently superannuated from her own service as a Selection Grade Assistant on May 31, 2001.

The petitioner filed a writ of Certiorarified Mandamus challenging an order dated April 22, 2014, alleging that while she receives both a Family Pension and her regular service pension, the respondents failed to pay Dearness Allowance (DA) on her regular pension since her retirement.

The respondents contended that DA was indeed being paid and that the petitioner’s perceived shortfall was due to the deduction of commuted pension amounts.

Whether the petitioner was being denied Dearness Allowance on her regular service pension in violation of the applicable service rules.

Whether a pensioner is entitled to draw double Dearness Allowance (on both family pension and regular pension) under the Tamil Nadu State Transport Corporation Employees’ Provident Fund Rules.

The Court applied Rule 20A of the Tamil Nadu State Transport Corporation Employees’ Provident Fund, which stipulates that while pensioners are eligible for DA.

those re-employed in Government or Corporate bodies are ineligible for DA on pension during the re-employment period.