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2026 Supreme(Online)(Mad) 42249

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.T. Asha, J
Devasenapathy – Appellant
Versus
Government Of Tamil Nadu – Respondent
Writ Petition



Advocates:
For the Appellants/Petitioners: Balan Haridas
For the Respondents: M.R.Gokul Krishnan

A court may issue a Writ of Mandamus directing administrative authorities to expedite and decide on pending service benefit proposals within a reasonable, specified time frame, while ensuring compliance with existing government policy.

Headnote:The petitioner filed a writ petition under Art. 226 of the Constitution of India seeking a Writ of Mandamus to direct the state government to process a proposal regarding the extension of pension and other retirement benefits to employees of the second respondent institution. The facts indicate that a proposal was submitted on 22.09.2022 by the institution to the state government, but remained pending despite the petitioner's retirement from service. The court, noting the ongoing nature of the administrative delay, ordered the state authority to pass appropriate orders on the merits of the proposal within a specified timeframe. The central issue concerns the entitlement of institutional employees to pensionary benefits on par with similar government-controlled entities. The court reasoned that in the absence of a final administrative decision, the appropriate legal recourse is a direction for the authority to expedite the consideration of the pending proposal in accordance with law and existing government orders. The writ petition is disposed of with directions to the authority to pass appropriate orders within three weeks.

Table of Content
1. filing of mandamus regarding pension benefits. (Para 1 , 2 , 4)
2. judicial direction to decide pending administrative representations. (Para 6)

ORDER

This Writ Petition has been filed for the following reliefs:-

“directing the 1st Respondent to pass orders of the letter of the 2nd Respondent , dated 22.09.2022 bearing D.O.Lr.No.1652/ SCICITY/ VC/ RO / 2022 wherein the 2nd respondent had sought for sanction pension and other eligible benefits due for the employees of the 2nd respondent in the same way it was done for the employees of the Tamil Nadu Science and Technology Centre and Tamil Nadu State Council for Higher Education within the time frame stipulated by this Honble Court.”

2. The petitioner was employed under the 2nd respondent, which is an institution created and fully controlled by the 1st respondent. The staff of the 2nd respondent are paid salary and other benefits on par with Government employees.

3. The 2nd respondent had submitted a proposal to the 1st respondent on

22.09.2022 seeking extension of the Old Pension Scheme to its staff and officers, on par with similarly placed institutions. However, no orders have been passed by the 1st respondent on the said proposal. In the meantime, the petitioner retired from service on 28.02.2026.

4. The petitioner’s main grievance is that the benefit of the Old Pension Scheme has not been extended to the employees of the 2nd respondent despite the pending proposal dated 22.09.2022, and the petitioner has been deprived of pensionary benefits consequent to retirement. Hence, the present Writ Petition.

5. Heard the learned counsel on either side and perused the records.

6. Considering the fact that the letter of the 2nd respondent, seeking sanction of pension and other eligible benefits to the employees of the 2nd respondent institution on par with similarly placed institutions, has been pending before the 1st respondent since 22.09.2022, the 1st respondent is directed to pass appropriate orders on merits and in accordance with law, taking into account the earlier Government Orders issued in this regard, within a period of three weeks from the date of receipt of a copy of this order or from the date of production of a copy of this order by the petitioner.

7. Accordingly, the Writ Petition is disposed of. No costs.

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