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2024 DIGILAW 1936 (MAD)

P. Muthuselvam (Died), M. Selvaswari v. State of Tamil Nadu, Rep. by its Secretary, Department of Health and Family Welfare

2024-08-12

ABDUL QUDDHOSE

body2024
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.