O.Mallika v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 21.08.2025
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 31506 of 2025 O. Mallika
...Petitioner
Vs.
1.The Commissioner Edanganasalai Municipality Salem District.
2.The Assistant Director Local Fund Audit Department Integrated Finance Department, 4th Floor, Nandanam, Chennai - 35.
...Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issue of Writ of Mandamus, directing the respondents to refix the pay of the petitioners Late Husband Ovan with effect from 01.01.2016 in the VII th Pay Commission Scales and revise the pension 1/7
and other terminal benefits such as gratuity, earned leave encashment and commutation and pay the arrears and consequently direct the payment family pension to the petitioner with effect from 12.11.2018 on the basis of such revised pay in the light of the proposals submitted by the 1st Respondent in its Roc.No.Nill/2022 dated 05.2022 and the Na.Ka.No.304/2022/C1 dated 13.12.2024 within the time frame to be fixed by this Court.
For Petitioner :
Mr. V.Vijay Shankar For Respondent 1 :
Mr. M.S.Premkumar Government Advocate For Respondent 2:
Mr. Azizulla Khan Government Advocate.
O R D E R
The Writ Petition is filed for the following relief: "directing the respondents to refix the pay of the petitioners Late Husband Ovan with effect from 01.01.2016 in the VII th Pay Commission Scales and revise the pension and other terminal benefits such as gratuity, earned leave encashment and commutation and 2/7
pay the arrears and consequently direct the payment family pension to the petitioner with effect from 12.11.2018 on the basis of such revised pay in the light of the proposals submitted by the 1st Respondent in its Roc.No.Nill/2022 dated 05.2022 and the Na.Ka.No.304/2022/C1 dated 13.12.2024 within the time frame to be fixed by this Court".
2. The petitioner's husband worked as a Sanitary worker under the 1st respondent Municipality. He retired from service on 30.06.2016. He was drawing pension which was calculated on VI Pay Commission scale. This was because VII Pay Commission scale were implemented only in the year 2017 but with retrospective effect from 01.01.2016. The petitioner's husband was getting pension based on VI Pay Commission scale. The petitioner's husband died on 11.11.2018 and the pension paid to him was stopped.
3. After enquiry it was informed by the 1st respondent office that 3/7
as the VII Pay Commission scale was not implemented in his case, the petitioner's husband's pension will be refixed along with other terminal benefits and consequently family pension payable to the petitioner will also be sanctioned. Later, the petitioner came to understand that the 1st respondent had fixed the pay of the petitioner's husband with effect from 01.01.2016 in VII Pay Commission scale and sought approval from the 2nd respondent. Thereafter, reminders were also sent on 18.10.2023 and 13.12.2024. However, the pay fixation has not been approved and the revised terminal benefits including family pension payable to the petitioner from 12.11.2018 was not sanctioned.
4. Therefore, the petitioner sent a representation dated 26.06.2025 to the 1st respondent which too remains unanswered till date. Hence, the petition.
5. Considering the fact that the 1st respondent has forwarded a 4/7
proposal as early as on May 2022, the Writ Petition is allowed. The respondents are directed to refix the pay of the petitioner's husband with effect from 01.01.2016 in VII Pay Commission scale and revise the pension and other terminal benefits such as gratuity, earned leave encashement and commutation and pay the arrears and payment of family pension to the petitioner with effect from 12.11.2018 on the basis of revised pay in the light of the proposal submitted by the 1st respondent, within a period of 1 month from the date of receipt of a copy of this order. No costs.
21.08.2025 Index : Yes/No Internet : Yes/No kan To 5/7
1.The Commissioner Edanganasalai Municipality Salem District.
2.The Assistant Director Local Fund Audit Department Integrated Finance Department, 4th Floor, Nandanam, Chennai - 35.
P.T. ASHA, J kan 6/7
W.P.No. 31506 of 2025 21.08.2025 7/7