S.Palanivelu v. The Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.02.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH S.Palanivelu
...Petitioner
Vs 1.The Secretary, Transport Department, Fort St. George, Chennai - 600 009.
2.The Managing Director, Tamil Nadu State Transport Corporation (Salem) Ltd., No.12, Ramakrishna Salai, Salem.
3.The General Manager, Tamil Nadu State Transport Corporation (Salem) Ltd., Bharathipuram, Dharmapuri.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to settle the petitioner's retirement benefits including Provident Fund, Gratuity, Commutation, IRT, Labour Welfare Fund, EL and ML Surrender, Private 1/4
Affairs, DA Arrears and other benefits with interest payable from the date of retirement based on the petitioner's representation dated 21.10.2022. For Petitioner : Mr.M.Selvam For R1 : Mr.R.U.Dinesh Kumar, Additional Government Pleader For R2 & R3 : Mr.K.Raja, Standing Counsel
ORDER
With the consent of both parties, the writ petition is taken up for final disposal at the admission stage itself.
2. The petitioner herein had given a representation to the respondents on 21.10.2022, seeking for settlement of his retirement benefits. Since the said representation was not considered, the present writ petition has been filed.
3. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending 2/4
indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.
4. In the light of the above observations, there shall be a direction to the first and second respondents herein to consider the petitioner's representation dated 21.10.2022 on its own merits and pass appropriate orders in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the claim of the petitioner and that it is open to the concerned respondent to consider the same on its own merits.
5. With the above direction, the Writ Petition stands ordered. No costs.
23.02.2023 Index:Yes/No hvk 3/4
M.S.RAMESH,J.
hvk To 1.The Secretary, Transport Department, Fort St. George, Chennai - 600 009.
2.The Managing Director, Tamil Nadu State Transport Corporation (Salem) Ltd., No.12, Ramakrishna Salai, Salem.
3.The General Manager, Tamil Nadu State Transport Corporation (Salem) Ltd., Bharathipuram, Dharmapuri.
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