CHENNAI: The Madras High Court has directed the Tamil Nadu State Transport Corporation (TNSTC) to pay the widow of a former driver of the organisation family pension. The late Gabriel C was an ex-serviceman and became a driver of TNSTC, Dharmapuri region, Salem. He was receiving pension for his defence service when he joined TNSTC and was granted a pension after retiring from TNSTC in 2003. After his death, he was survived by his wife, Amalorpava Mary, one son and four daughters. However, after his death, the TNSTC refused to pay the family pension.
“This court has already held that the object in granting the freedom fighters pension was only to honour the freedom fighters and to mitigate the suffering of those who had given everything to the country in the hours of need,” said Justice T Raja.
“The freedom fighter’s pension, by no stretch of imagination, can be termed as a pension on account of the service rendered in civil service. Above all, if the argument of the respondent is accepted that the receipt of Civil Service Pension will disentitle a freedom fighter to get his Civil Service Pension, this will amount to deprivation of the National honour bestowed upon freedom fighters for their supreme sacrifice.”
After Gabriel’s death, Mary made a representation to TNSTC in November, 2015 seeking family pension. She was orally informed that on account of getting pension from defence department, she was not entitled to receive another pension. She was told that one person could not receive two pensions.
The court, however, said this “logic” did not stand to any good reasoning and ordered for the widow to be paid the family pension within a period of four weeks from the date of the order which was passed on January 12, 2018. The court said the respondents were to release the arrears from the date of death of Gabriel on March 2, 2012, failing which, 10 per cent interest would be calculated.