A Writ Of Mandamus – In The High Court Of Judicature At Madras

Mandamus is issued by the Court to compel a public authority to carry out legal obligations that it has failed or refused to carry out. The Court can issue it against a public officer, a public company, a tribunal, a lower court, or the government. In 2008, a writ petition (W.P.No.2971) was filed against the respondents. Challenging this writ, the respondents filed a Writ of Mandamus stating some directions for the appellants in front of the Learned Judge M. DURAISWAMY, J on 10.01.2022 in the case the STATE OF TAMIL NADU V. TMT.C.KANMANI.

The respondent filed a Writ Petition seeking a Writ of Mandamus ordering the 1st appellant to count 50 percent of her service as a Balasevika and Child Welfare Organizer from 10.5.1969 to 15.12.1998. In addition to her services as a Rural Welfare Officer (Women) from 16.12.1998 to 31.07.2006, to calculate the total qualifying service for pensionary benefits, to grant pensionary benefits following the writ petitioner’s retirement on 31.07.2006 at the age of superannuation, and to disburse the arrears of monetary benefits with interest.

The learned Single Judge, while disposing of the Writ Petition, took into account the Government Order in G.O.Ms.No.118 Finance (Pension) Department, dated 14.02.1996 and directed the appellants to consider the writ petitioner’s representation in light of the said Government Order as well as the order issued by this Court in W.P.No.113 of 2008 and send the necessary proposal for pension sanction and pass final orders as soon as possible. The High Court Judge is unlikely to overturn the learned Single Judge’s decision in light of the circumstances. As a result, the Writ Appeal is denied. There are no fees. As a result, the related Miscellaneous Petition has been closed.

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Reviewed by Rangasree

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