Madras High Court Disposes of Writ Petition for Compliance of Family Pension Order, Directs 6% Interest on Delayed Payment. Government Exemption from Rule 9(iii) of Tamil Nadu Village Assistant Pension Rules Allowed Arrears of Rs.2,08,224/- to Be Paid to Widow of Retired Village Assistant.

Writ petition under Article 226 seeking mandamus to implement an earlier court order for settlement of family pension and pensionary benefits.

Petitioner, the widow of a deceased Village Assistant, sought a direction to the respondents to implement the order dated 09.01.2009 in W.P.(MD)No.12216 of 2008, settle entire pensionary benefits from the date of retirement of her husband, and sanction monthly family pension with arrears.

Non-compliance of the earlier court order dated 09.01.2009 despite several representations; respondents failed to take any steps to settle the pensionary benefits or pay family pension.

In W.P.(MD)No.12216 of 2008, the Madras High Court by order dated 09.01.2009 set aside the impugned order rejecting family pension and directed the respondents to settle entire pensionary benefits and pay monthly family pension to the petitioner within 8 weeks. The said order remained unimplemented.

Whether the respondents could be compelled to comply with the earlier order dated 09.01.2009 after 15 years of non-compliance. Whether the petitioner was entitled to interest on the delayed payment of pensionary benefits.

Petitioner argued that despite the court order and repeated representations, the respondents deliberately failed to settle pensionary benefits and family pension, and that strict action should be taken against the District Collector for flouting two court orders. Respondents initially submitted that the process was ongoing but could not provide a timeline for compliance. Later, the District Collector appeared in person, sought a last opportunity, and assured compliance. After government exemption, compliance was made and arrears paid.

Family pension is an earned right, not a charitable bounty. A temporary government servant who has rendered long service is entitled to pensionary benefits. Inordinate delay in compliance with a court's direction for payment of such benefits entitles the petitioner to interest at a reasonable rate to compensate for the delay, and such interest may be awarded in exercise of writ jurisdiction to do complete justice.

Pension is not a charity or a bounty nor it is conditional payment solely dependent on the sweet will of the employer. It is earned for rendering a long service and is often described as deferred portion of payment for past services. Considering the fact that the petitioner's husband was appointed on 06.01.1961 as Thalayari in Radhapuram Taluk and rendered more than 34 years of service and retired on 30.06.1995 on attaining the age of superannuation. The petitioner being the wife is entitled for family pension. this Court in the interest of justice directs the Respondents to pay the interest at the rate of 6% per annum on the delayed payment from the date of order passed by this Court dated 09.01.2009 passed in W.P.(MD)No.12216 of 2008 till the actual payment is made, to the Petitioner

The petitioner's husband, a temporary Village Assistant, retired on 30.06.1995 after 34 years of service. Family pension was denied. The petitioner filed W.P.(MD)No.12216 of 2008, which was allowed on 09.01.2009 with directions to settle pensionary benefits and pay monthly family pension within 8 weeks. The order was not complied with. The petitioner made several representations and finally filed the instant writ petition in 2020. On 01.12.2020, the court directed compliance within two weeks and to report compliance. Still, no compliance. On 17.02.2025, the court directed compliance within 48 hours and personal appearance of the District Collector. On 19.02.2025, the District Collector appeared, sought a last opportunity, and the court directed compliance within 10 days and ordered interest at 6% per annum from 09.01.2009. On 04.03.2025, the respondents filed a compliance affidavit showing that the Government had exempted Rule 9(iii) of the Tamil Nadu Village Assistant Pension Rules, and arrears of Rs.2,08,224 were paid to the petitioner. The court recorded compliance and disposed of the writ petition.

• Constitution of India, 1950: Article 226
• Tamil Nadu Village Assistant Pension Rules: Rule 9(iii)