Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Mad) 47980

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.T. Asha, J
Pushpa – Appellant
Versus
Principal Secretary To Government Health and Family Welfare Department – Respondent
Writ Petition

Advocates:
For the Appellants/Petitioners: V.Rajinikanth
For the Respondents: V. Sivalingam

State authorities are obligated to consider and decide upon representations regarding pensionary benefits within a reasonable timeframe in accordance with law.

Headnote:The petitioner filed a writ petition seeking a Writ of Mandamus to direct the consideration of a representation for family pension under Rule 49(7) of the Tamil Nadu Pension Rules, 1978. The petitioner, as the surviving second wife of a deceased government retiree, claimed entitlement to pensionary benefits after the demise of the pensioner and the prior death of the first wife. The court, without adjudicating upon the merits, directed the relevant authority to consider the pending representation within a specified timeframe. The central issue pertains to whether the administrative authority is obligated to decide upon a representation seeking pensionary benefits. The court held that while it would not delve into the substantive merit of the claim, the authorities are legally bound to process and dispose of such representations in accordance with the relevant statutory provisions. The court disposed of the writ petition with a direction to the first respondent to pass appropriate orders on the petitioner’s representation within six weeks.

Table of Content
1. need for timely administrative consideration of pension applications. (Para 1 , 2)
2. judicial mandate for authorities to dispose of representations on merits. (Para 3 , 4 , 5)

PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India seeking the issuance of a Writ of a Mandamus to direct the 1st respondent to consider the representation of the petitioner dated 15.03.2026 for grant of family pension.

For Petitioner(s): Mr. V.Rajinikanth For Respondent(s): Mr. V. Sivalingam, Government Advocate

ORDER

The present Writ Petition has been filed seeking the issuance of a Writ of a Mandamus to direct the 1^st respondent to consider the representation of the petitioner dated 15.03.2026 for grant of family pension.

2. The case of the petitioner is that she is the surviving second wife of late M.Ramachandran, a retired Cook of the Government Taluk Hospital, Maduranthagam, who passed away on 13.06.2024 after retiring with a sanctioned pension on 30.06.1998. Since the first wife predeceased the pensioner on 25.12.2003, the petitioner became the sole surviving spouse and is legally entitled to a family pension under Rule 49(7) of the Tamil Nadu Pension Rules, 1978. Despite submitting multiple representations, including one dated 15.03.2026, the respondents have failed to consider and grant the family pension. Aggrieved by this arbitrary and illegal inaction, the petitioner has approached this Court seeking a Writ of Mandamus.

3. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.

4. Considering the facts and circumstances of the case and the submissions made by the learned counsel appearing for both sides, this Court, without going into the merits of the case, directs the 1^st respondent to consider the representation of the petitioner dated 15.03.2026 and pass appropriate orders, on merits and in accordance with law, within a period of six (6) weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

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2026 Supreme(Online)(Mad) 47980

IN THE HIGH COURT OF JUDICATURE AT MADRASP.T. Asha, JPushpa – AppellantVersusPrincipal Secretary To Government Health and Family Welfare Department – RespondentWrit Petition

State authorities are obligated to consider and decide upon representations regarding pensionary benefits within a reasonable timeframe in accordance with law.

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.T. Asha, J
Pushpa – Appellant
Versus
Principal Secretary To Government Health and Family Welfare Department – Respondent
Writ Petition