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2024 Supreme(Mad) 1207
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
ABDUL QUDDHOSE, J.
Muthulakshmi - Appellant
Versus
The Principal Secretary to Government of Tamil Nadu – Respondent
W.P.(MD)No.16113 of 2021
Decided on : 09-08-2024
Advocate Appeared
For the Appellant : Mr.B.Sekar
For the Respondents: Mrs.T.Farjana Ghoushia, Special Government Pleader
IMPORTANT POINT
Authorities are required to address and resolve claims for pensionary benefits in a timely manner, as per the legal provisions under Article 226 of the Constitution of India.
Headnote:
MANDAMUS - PENSIONARY BENEFITS - The court addressed a writ petition under Article 226 of the Constitution of India, seeking a Writ of Mandamus for the grant of monetary and pensionary benefits to the petitioner for her late husband's 38 years of service. The court emphasized the need for timely resolution of the petitioner's representation, mandating the second respondent to issue a decision within 12 weeks, thereby reinforcing the legal obligation of authorities to address claims for benefits in a timely manner.
Fact of the Case:
The petitioner filed a writ petition seeking monetary and pensionary benefits for her late husband, Kannaiya, who served for 38 years in the Town Panchayat. Despite a representation made on 09.07.2021, the benefits had not been granted.
Finding of the Court:
The court noted that the representation was under consideration by the second respondent and directed that a final order be passed on the merits of the case within 12 weeks.
Issues: Whether the petitioner is entitled to receive the monetary and pensionary benefits for her late husband's service, and the obligation of the respondents to address the representation in a timely manner.
Ratio Decidendi: The court established that authorities have a duty to consider and resolve claims for benefits promptly, as mandated by law, ensuring that the rights of individuals are upheld.
Result: The writ petition was disposed of with a directive to the second respondent to make a decision on the petitioner's representation within 12 weeks, with no order as to costs.
ORDER :
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents to grant monetary benefits including pensionary benefits due to my husband Kannaiya for his 38 years of service in the fifth respondent Town Panchayat.
This Writ Petition has been filed for a Writ of Mandamus, directing the respondents to grant monetary benefits including pensionary benefits due to the petitioner's husband Kannaiya for his 38 years of service in the fifth respondent Town Panchayat.
2. Heard the learned Counsel on either side.
3. The petitioner claims that till date, monetary benefits including pensionary benefits have not been paid for her late husband Kannaiya, who was in service in the office of the fifth respondent. The petitioner has given a representation on 09.07.2021 to the respondents seeking for the relief as sought for in this writ petition.
4. It is also represented by the learned Special Government Pleader appearing for the official respondents that the representation of the petitioner is under consideration by the second respondent.
5. Since the representation is under consideration by the second respondent, this Court directs the second respondent to pass final orders on merits and in accordance with law on the petitioner's representation dated 09.07.2021, within a period of twelve [12] weeks from the date of receipt of a copy of this order.
6. Accordingly, this Writ Petition stands disposed of. There shall be no order as to costs.
