High Court Fixes Timeline for Pension Authority to Process Pending Pay Fixation Since April 2025
Brij Kishore Kumar v. State of Jharkhand & Others
W.P.(S) No. 7691 of 2025
Issue
Whether the petitioner is entitled to a writ of mandamus directing the District Pension and Accounts Officer, Dumka, to complete the verification of pay fixation pending since April 2025 and grant consequential arrears and revised pensionary benefits, and whether such delay amounts to violation of Articles 21 and 300-A of the Constitution of India.
Rule
Article 226 of the Constitution of India empowers the High Court to issue writs, including mandamus, to compel performance of statutory or public duties.Administrative authorities are duty-bound to decide service and pensionary claims within a reasonable time.Pension and retiral benefits are recognized as property under Article 300-A and are integral to the right to life under Article 21.Courts ordinarily direct exhaustion of administrative remedies through representation before issuing coercive directions.
Application
The petitioner’s pay fixation verification was pending since April 2025, resulting in denial of monetary benefits, including arrears and revised pension.All service benefits such as Time Bound Promotion, ACP-I, ACP-II, and MACP had already been sanctioned by competent authorities.The petitioner alleged casual and unjustified delay by Respondent No. 5 and violation of constitutional rights.The respondents submitted that upon filing a fresh detailed representation with necessary documents, the authority would consider the matter and grant benefits if found entitled.The Court found it appropriate to direct procedural compliance rather than issuing immediate mandamus, balancing administrative process with the petitioner’s grievance.Timelines were fixed to ensure expeditious disposal and accountability.
Conclusion / Holding
The writ petition was disposed of with directions.The petitioner was directed to file a fresh representation within four weeks before the District Pension and Accounts Officer, Dumka.The authority was directed to consider and decide the claim within six weeks of receipt.If the petitioner is found entitled, monetary benefits shall be released within four weeks thereafter.In case of rejection of any claim, reasons must be communicated to the petitioner within the stipulated time.The Court ensured protection of the petitioner’s service and pensionary rights without directly adjudicating entitlement
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