SMT. J. S. RUKMANI ETC. versus GOVERNMENT OF TAMIL NADU AND ORS.

Citation: [1985] 1 S.C.R. 992 · Decided: 17-10-1984 · Supreme Court of India · Bench: P.N. BHAGWATI · Disposal: Case Allowed

Cited by 1 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

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SMT. J. S. RUKMANI ETC. 
v. 
GOVERNMENT OF TAMIL NADU AND ORS. 
October 17, 1984 
[P. N. BHAGWATI, AMARENDRA NA1H SEN AND RANGANATH 
MISRA, JJ.] 
Constitution of India 1950, Article 14 
Family Pension-Grant of-State governme1tf order confinz'ng benefit 
to fa111ily of only tho.•e gorern1ne11t sen•ants who /a"t se1ved at a place falling 
within the present State of Tamil Nadu-U'hether unconstitutional and void. 
State~ Reorganisation Act 1956 Section 86-'Lfability of an existing 
State' in respect of pension-IYhat is-Liability to be under an 
exi~·ting 
provision of law. 
Tamil Nadu New Fanu'ly Pension Rules 1964, Notification dated May 
26, 1979 andGovern1nent Order MS/63 Finance dated March 18, 1982. 
Fa111ily Pension- Benefit of Goverrunent serva1,f last served at a place 
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which becan1e part of Kera/a State on reorganisation of Stole of Madras-
Widow whether entitled to fa111ily pension. 
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G 
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Word and Phrases 'the liability of the existing Srate'-Meoni11g of 
-Section 86 States Reorganisation Act, 1956. 
The State of Tamil Nadu introduced New Family Pension Rules, 
1964 granting benefit of pension to the family of a government servant on 
his death, but this benefit was confined only to the members of the family 
of those government servants who retired prior to 1st April, 1964. 
Later 
by a Notification dated 26th May, 1979 the benefit of family pension 
was extended to the members of the family of government servants who 
retired prior to 1st April 1 1964. 
However, by G. Q. MS/63 (Finance) 
dated 18th March, 1982, the Government clarified that if the place of 
retirement of an employee or the place where he was last serving at the 
time of death while in service, did not form part of lhe present State of 
Tamil Nadu, the widow of such employee would not be entitled to the 
benefit of family pension under the Notification dated 26th May, 1979. 
The petitioner in her letter addressed to this Court, complained that 
though she was the widow of an employee of the former State of Madras, 
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j, S. RUicMAN! v. TAMIL NADU 
993 
who retired before the re-organisation of the State under the States Re-
organisation Act 1956, she was not being given tbe benefit of fnrr,ily 
pension under the Notification dated 26th M'1y, 1979. 
She further alleged 
that she made an application to the former State of Madras for grant 
of family pension at the rate of Rs. 100 per month under Paragraph 7 of 
the Notification dated 26th Mny, 1979, and the State Government sanc-
tioned payment of familv pension of Rs. 100 by letter dated 
2'.~nd 
November, 1981 with effect from 1st April, 1979. 
This amount wa(j paid 
for about 6 months, but by another letter dated 20th April, 1982 she was 
informed that ~be was not entitled to the grant of family pension under 
G.O. MS/63 (Finance) dated 18th March, 1982 as her husband had served 
in Cannanore at the time of his retirement and that Caanauore did not 
presently form part of the present State of Tamil Nadu. 
The petitioncr,s 
letter was converted into a writ petition and notice was issued to botn the 
State Governments of Tamil Nadu and Kerala. 
The State Government of Tamil Nadil contended that under section 
86 of the State Re-organisation Act 1956, t-be liability of the existing 
Slates in respect of pension passes tO' or is apportioned between the 
successor State or States in accordance with the provisions of the Fifth 
Schedule to the Act, and that the petitioner would be excluded from the 
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benefit of the family pension since the place where her husband served at 
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the time of superanauation became part of States other than the State 
of Tamil Nadu. 
Allowing (he Writ Petitions 
HELD : 
l. li) The State of Tamil Nadu is liable to pay to the 
petitioners in these four writ pe:itioos as also to the widows of other 
government servants falling within Paragraph 7 of the Notification dated 
26th MayJ 1979 family pension at the rate of Rs. 100 per month with 
effect from !st April, 1979. [1002 B-C] 
(ii) 
A Writ is issued directing the State of Tamil N"du to pay 
arrears of family pension calculated at the rate of Rs. 100 per month 
from 1st April, 1979 after deducting the amount, if any, already paid by 
the States of Tamil Nadu and Kerala to the petitioners in terms cf the 
interim orders. 
The State of Kerala would not be entitled to claim refund 
of any payment made nor reimbursement in respect of such payment from 
the State of Tamil Nadu. [1002 C-D] 

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