K.Rajamani v. M/S.Tamilnadu State Transport Corporation

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.06.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH 1.K.Rajamani 2.S.Kalaivani ... Petitioners Vs.

The Tamil Nadu State Transport Corporation (Villupuram) Limited, rep.by its Managing Director, No.3/137, Salamedu, Vazhuthareddy Post, Villupuram-605002.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent herein to settle a sum of Rs.1,28,079/- to the 1st petitioner herein and a sum of Rs.2,02,484/- to the 2nd petitioner herein towards 6% interest for the belated settlement of retirement benefits by considering the representation of the 1st petitioner herein dated 29.04.2023 and the representation of the 2nd petitioner herein dated 6.05.2023.

For Petitioners : Mr.D.Soundar Raj For Respondent : Mr.R.Venkatesa Perumal 1/4

ORDER

With the consent of both the parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

2. The petitioners had given representations dated 29.04.2023 and 06.05.2023 respectively to the respondent seeking to settle a sum of Rs.1,28,079/- to the 1st petitioner herein and a sum of Rs.2,02,484/- to the 2nd petitioner herein towards 6% interest for the belated settlement of retirement benefits. Since the said representations have not yet been considered, the Writ Petition has been filed.

3. It is needless to point out that whenever representations of this nature are made to a Statutory Authority, there is a duty cast upon him to consider the same on their own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representations 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 2/4

and direct him to consider the same within a stipulated time.

4. In the light of the above observations, there shall be a direction to the respondent to consider the representations of the petitioners dated 29.04.2023 and 06.05.2023 respectively on their 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 petitioners and that it is open to the respondent to consider the same on their own merits.

5. With the above direction, the Writ Petition stands disposed of. No costs.

21.06.2023 2/2 Index:Yes/No Speaking order/Non-speaking order To The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Limited, No.3/137, Salamedu, Vazhuthareddy Post, Villupuram-605002.

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M.S.RAMESH,J.

RS/HVK 21.06.2023 2/2 4/4