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Aditya Pandey   09 September 2024

Pension

My father, along with several other retired government employees, has been waiting for their pension payments for months now. Despite numerous visits and follow-ups with the pension office, there has been no official explanation for the delay, and my father is really struggling to make ends meet. We’ve been hearing about this legal tool called a writ of mandamus, and we’re wondering if it can help in this situation.Can my father and the other retirees file a writ of mandamus to force the government to release their pension payments? What are the legal obligations of the government when it comes to processing pensions? We’d like to understand under what circumstances the court would issue a writ like this and whether the court would investigate why there’s been such a long delay.Also, what happens if the government doesn’t comply, even after the writ is issued? How does the writ of mandamus work to ensure that government agencies do their job, and what kind of legal remedy can we expect if we take this route?

 



Learning

 3 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     09 September 2024

The retired persons shall file a case regarding getting their pension and interest on delay of sanction of pension against the State Officer of their Department and Principal Secretary of the Department if they have no charges against them in the State Administration Tribunal.

Dr. J C Vashista (Advocate )     10 September 2024

Genrally pension is credited in the account of pensioner on last working day of the month except the month of March, which I am also getting regularly. 

Your father retired from which department ? Did he meet P & AO of the department ? Any representation /notice has been sent to the HoD, if so ?

 

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     10 September 2024

A writ of mandamus is a court order that requires a public official or entity to perform a specific duty or take a particular action. It can be an effective tool for enforcing rights and compelling government agencies or officials to act in accordance with the law. Here are some ways in which a writ of mandamus can work: 1. *Compel action*: A writ of mandamus can compel a public official or entity to take a specific action that they are legally required to do but have failed to do so. 2. *Enforce rights*: It can be used to enforce individual rights, such as the right to information, justice, or equal protection under the law. 3. *Review decisions*: A writ of mandamus can be used to review decisions made by public officials or entities to ensure they are lawful and reasonable. 4. *Prevent unauthorized actions*: It can prevent public officials or entities from taking unauthorized actions that violate the law or individual rights. 5. *Provide relief*: A writ of mandamus can provide relief to individuals who have been harmed by the inaction or unauthorized actions of public officials or entities. To obtain a writ of mandamus, you typically need to demonstrate: 1. *Legal right*: You have a clear legal right to the action or relief sought. 2. *Public duty*: The public official or entity has a legal duty to perform the action or provide the relief. 3. *Refusal or failure*: The public official or entity has refused or failed to perform their legal duty. 4. *No alternative remedy*: There is no alternative remedy available to resolve the issue. Consult with a legal expert to determine if a writ of mandamus is appropriate for your specific situation.


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