Writ Appeal Against Pension Benefits Not Maintainable | HC

Case Details: Tamil Nadu State Transport Corporation (Kumbakonam) Ltd vs. Vijaya Lakshmi - [2026] 185 taxmann.com 640 (HC-Madras)

Judiciary and Counsel Details

• G.R. Swaminathan & R. Poornima, JJ.
• S.C. Herold Singh for the Appellant.
• A. Rahul for the Respondent.

Facts of the Case

In the instant case, the Respondent’s husband was a conductor in the appellant-transport corporation. He was dismissed from service. The Labour Court set aside the dismissal and ordered reinstatement with back wages.

The Corporation’s challenge to the award by way of a writ petition and a subsequent writ appeal was dismissed, and the Labour Court’s award thus attained finality. In the meantime, the employee had died. Despite the finality of the award, the corporation did not sanction family pension, leading the respondent-widow to file a writ petition seeking the settlement of DCRG and family pension.

The Single Judge allowed the writ petition, directing the settlement of pensionary and related benefits. On writ appeal, the appellant challenged the order of the Single Judge.

High Court Held

The High Court held that since the impugned order passed by a single judge was consequential in nature and the primary order had become final, no challenge could be mounted against the consequential order. Thus, no merit was found in the writ appeal, and the same was to be dismissed.