IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
P. Santhamani(Deceased) & Others - Appellant
Versus
The Managing Director, Tamilnadu State Transport Corporation Ltd., Coimbatore & Another - Respondent
W.P. No. 32138 of 2014
Decided On : 27-07-2022
Mandamus - Family Pension - Administrative Delay
Fact of the Case:
The petitioner sought a writ of mandamus to direct the respondent to sanction the family pension and pay the arrears of family pension with appropriate interest. The original petitioner died during the pendency of the petition, and legal heirs were impleaded.
Finding of the Court:
The court directed the respondent to verify the service records of the deceased employee, sanction family pension, and settle all eligible retirement benefits due to the deceased employee in favor of the legal heirs within four months. The court also stated that the legal heirs are entitled to interest in case of administrative delay.
Issues: Delay in sanctioning family pension and payment of arrears
Ratio Decidendi: The court emphasized the obligation to verify service records, sanction family pension, and settle retirement benefits within a stipulated period, and acknowledged the entitlement of legal heirs to interest in case of administrative delay.
Final Decision: The writ petition was disposed of with directions to the respondent to complete the necessary actions within four months.
JUDGMENT
(Prayer: Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ ofMandamus, directing the respondent to sanction the family pension to the petitioner and further to pay the arrears of family pension with appropriate interest within a stipulated period.)
1. The relief sought for in the present writ petition is to directthe respondent to sanction the family pension to the petitioner and further to pay the arrears of family pension with appropriate interest within a stipulated period.
2. During the pendency of the writ petition, the original writ petitioner died and legal heirs are impleaded.
3. The grievances of the original writ petitioner is that her husband was the employee of Tamil Nadu State Transport Corporation and died. The husband of the writ petitioner was working as Ticket Checker. The original petitioner states that an application was submitted for grant of family pension and the said application was not considered during the relevant point of time and thus, the writ petition was filed.
4. The learned counsel for the respondents made a submission that the Service Records of the deceased employee was sent to the pension Trust and there was an administrative delay in settling the family pension in favour of the original writ petitioner. Unfortunately, the original writ petitioner also died.
5. This being the factum, the respondents are directed to verify the Service Records of the deceased employee and sanction family pension and all other eligible retirement benefits due to the deceased employee and thereafter, settle the same in favour of the legal heirs as per the rules in force. The said exercise is directed to be completed within a period of four months from the date of receipt of a copy of this order.
6. It is needless to state that if there is an administrative delay in settling the family pension, the legal heirs are entitled for interest also.
7. With these directions, the writ petition stands disposed of. No costs.
A second wife, proven as legally wedded, is entitled to family pension irrespective of entry in service records when supported by legal heir certificates.
The conscious actions and representations of the deceased employee regarding the family pension benefit influenced the court's decision on the petitioner's entitlement to family pension.
The legal principle established is that government authorities are obligated to process pension claims in a timely manner, ensuring that eligible applicants receive their entitled benefits without un....
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