Madras HC: Widow entitled to get husband’s dual pension

Amalorpavam alias Amalorpava Mary had moved the High Court saying that her husband Gabriel had, on retirement as a defence personnel, joined the Tamil Nadu State Transport Corporation, Dharmapuri Region, Salem, as a driver. Thereafter, he retired from service on October 30, 2003, and was granted pension by the corporation.

While so, he passed away on March 2, 2012. Following this, the transport corporation refused to pay pension from the date of his death, while the defence department continued to pay the pension to her. Aggrieved by the non-payment of the family pension as his legal heir, she made a representation on November 27, 2012. But, she was informed that she is not entitled to receive yet another pension, as she was receiving pension from the defence department.

Holding that the court had already settled this issue through various orders, Justice T Raja said, “When the transport corporation has not restricted the number of family pensions to the petitioner’s husband during his life time, they cannot restrict the family pension to the petitioner.

“Therefore, the impugned order is quashed, and the respondents are directed to pay freedom fighter’s pension to the petitioner in addition to the Civil (Service) Pension, which she is receiving on account of the timely service rendered by her late husband to our nation,” the judge added.

The judge, who disposed the plea, after directing the corporation to pay family pension to the petitioner within four weeks, including the arrears from March 2, 2012, cited an earlier order holding that the same analogy would equally apply to the present case, too.

The said order held that a pensioner receiving three types of pensions – Freedom Fighter’s Pension (FFP) from the Centre, FFP from the state, and Civil Service Pension for having employed in Civil Service – cannot be restricted to one pension.

“If it is restricted, that would amount to deprivation of the national honour bestowed upon the freedom fighters for their supreme sacrifice made to the freedom of our nation from foreign rule,” the order said.