IN THE HIGH COURT OF MADRAS, (MADURAI BENCH)
ABDUL QUDDHOSE, J.
Dr. P. Muthuselvam (Died), M. Selvaswari - Petitioner
Versus
The State of Tamil Nadu, Rep. by its Secretary, Department of Health and Family Welfare and Ors. – Respondents
W.P.(MD)No.10092 of 2021
Decided On : 12-08-2024
MANDAMUS - PENSION REVISION - The court addressed a writ petition seeking a mandamus to direct the respondents to revise the pension of the petitioner's deceased husband based on a specific government order. The court emphasized the importance of timely consideration of representations made by pensioners and mandated the respondents to act within a stipulated timeframe, thereby reinforcing the legal obligation to address pension-related grievances promptly.
Fact of the Case:
The petitioner filed a writ petition under Article 226 of the Constitution of India for a Writ of Mandamus to revise her deceased husband's pension based on G.O.Ms.No.236, dated 12.07.2018, after his representation dated 27.05.2021 was not considered.
Finding of the Court:
The court found that the respondents had not raised serious objections to the issuance of a direction to consider the representation for pension revision. It concluded that the third respondent must pass final orders on the representation within a specified timeframe.
Issues: Whether the respondents are obligated to revise the pension of the petitioner's husband based on the government order and the representation made by him.
Ratio Decidendi: The court held that the respondents are required to act on the representation made by the petitioner's husband regarding pension revision, as per the provisions of G.O.Ms.No.236, and must do so within a reasonable timeframe to ensure compliance with legal obligations.
Result: The court directed the third respondent to pass final orders on the petitioner's husband's representation within twelve weeks and communicate the decision to the petitioner, disposing of the writ petition without costs.
ORDER :
(Abdul Quddhose, J.) :
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, to direct the respondents to revise the pension of the petitioner's husband, based on the G.O.Ms.No.236, Finance (Pay Cell), Department dated 12.07.2018 and draw and disburse the same, in the light of the representation made by the petitioner's husband dated 27.05.2021 within the time stipulated by this Court.)
[Prayer amended vide court order dated 24.07.2024 in W.M.P.(MD)No.14676 of 2024].
This Writ Petition has been filed for a Writ of Mandamus, seeking for a direction to the respondents to revise the pension of the petitioner's husband based on G.O.Ms.No.236, Finance (Pay Cell), Department dated 12.07.2018 and based on the petitioner's representation dated 27.05.2021, within a time frame to be fixed by this Court.
2. The petitioner's husband was an employee under the third respondent. He retired from service and he was getting pension. He died during the pendency of this writ petition and his wife Mrs. Selvaswari, has been substituted in his place, pursuant to the orders passed by this Court.
3. According to the petitioner, as per G.O.Ms.No.236, Finance (Pay Cell), Department dated 12.07.2018, her husband's pension has to be revised. The petitioner's husband has given a representation to the respondents on 27.05.2021 for the said purpose. Since the said representation has not been considered till date, this writ petition has been filed.
4. Learned Government Advocate appearing for the respondents has not raised any serious objection, if a direction is issued to the third respondent to pass final orders on the petitioner's husband's representation dated 27.05.2021, seeking for revision of his pension, based on G.O.Ms.No.236, Finance (Pay Cell), Department dated 12.07.2018, within a time frame to be fixed by this Court.
5. For the foregoing reasons, this Court directs the third respondent to pass final orders on the petitioner's husband's representation dated 27.05.2021, on merits and in accordance with law, requesting the respondents to revise his pension based on G.O.Ms.No.236, Finance (Pay Cell), Department dated 12.07.2018, within a period of twelve [12] weeks from the date of receipt of a copy of this order. After passing the final order, the third respondent shall communicate the said final order to the petitioner herein.
6. With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.
The court established that pension revision orders are strictly applicable based on retirement dates, limiting benefits to those retired before a specified date.
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The court established that compliance with tribunal orders is essential, and the petitioner must provide necessary documentation for pension processing.
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