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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Afshan Haider – Appellant
Versus
Union of India – Respondent
W.P.(C) 288 of 2023 & CM Appl. 1158 of 2023
Decided On : 11-01-2023
Mandamus - Pension Enhancement - The court directed the respondents to decide the petitioner's representation for enhancement of her pension amount in accordance with the 7th Pay Commission within a specified time frame.
Fact of the Case:
The petitioner sought a writ mandamus to direct the respondents to decide her representation for pension enhancement in line with the 7th Pay Commission, as it had not been decided by the respondents.
Finding of the Court:
The court directed the respondents to decide the petitioner's representation within four weeks and communicate the decision with a reasoned order within one week thereafter.
Issues: Delay in deciding the petitioner's representation for pension enhancement.
Ratio Decidendi: The court's decision was based on the principle of mandamus, directing the respondents to perform a public duty in a timely manner.
Final Decision: The court disposed of the petition and directed the respondents to decide the petitioner's representation for pension enhancement within a specified time frame.
JUDGMENT (Oral)
1. Vide the present writ petition, the petitioner seeks following relief(s):
"(a) issue of a writ, order or direction in the nature of mandamus or any other appropriate writ, directing the Respondents to decide/dispose of the representation dated 14.07.222 of the Petitioner which was sent by her in respect to enhancement of her pension amount in accordance with 7th Pay Commission in a time bound manner as decided by this Hon'ble Court;
(b) Pass any further orders, director or directions as this Hon'ble Court may deem fit and proper."
2. Learned counsel for petitioner submits that the petitioner made a representation dated 14.07.2022 before the respondents, however, till date, the said representation has not been decided by the respondents.
3. Accordingly, we hereby direct the respondents to decide the representation dated 14.07.2022 filed by the petitioner within four weeks from today and communicate the decision thereof to the petitioner within one week thereafter with reasoned order.
4. With the aforesaid directions, the present petition is disposed of.
5. Pending application also stands disposed of.
6. Needless to say, if the petitioner feels aggrieved by the decision of the respondents on his representation, he may approach the appropriate forum.
The principle of mandamus can be invoked to compel public authorities to perform their duties in a timely manner.
The court affirms the procedural rights of the petitioner to seek consideration of his pensionary benefits through representation.
A Writ of Mandamus may be issued to direct a statutory authority to consider and dispose of a pending representation within a specified timeframe in accordance with law.
The court has the authority to issue a writ to compel a respondent to decide on a representation within a specified timeframe.
Court directs fresh representation for pay fixation grievance consideration instead of direct writ relief.
The Court directed timely consideration of a representation under Article 226, affirming procedural fairness post prior relief.
The court mandates timely decision-making on compassionate allowance requests, establishing an expectation for administrative responsiveness.
Mandamus can be issued to compel public authorities to perform their duties when there is a failure to do so.
Court orders timely consideration of the petitioner's representation without expressing opinion on merits.
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