S.Annamalai v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.12.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH 1.S.Annamalai
2. V.Karunanidhi
3. J.Sugumaran 4.P.Natarajan 5.S.Subramanian 6.K.Raghupathy 7.T.Gajendran 8.M.Jayachandran
...Petitioners
Vs
1. The Managing Director Tamilnadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu Villupuram - 605 602
2. The General Manager Tamil Nadu State Transport Corporation (Villupuram) Ltd., Cuddalore Region No.2, Imperial Road Cuddalore Cuddalore District - 607 002
3. The Administrator Tamil Nadu State Transport Corporation Employees Pension Fund Trust No.2, Pallavan Salai, Chennai - 600 002
...Respondents
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PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to pay difference in leave salary, difference in gratuity and pension arrears as per 14th wage settlement dated 24.08.2022 with 10% interest to the petitioners.
For Petitioners : Mr.S.T.Varadarajulu For Respondents : Mr.R.Venkatesa Perumal Standing Counsel for R1 and R2 Mr.C.S.K.Sathish Standing Counsel for R3
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 on various dates seeking for difference in leave salary, difference in gratuity and pension arrears as per 14th wage settlement dated 24.08.2022 with 10% interest to the petitioners. Since the said representations were not considered by the 2/5
respondents, the present writ petition has been filed.
3. It is needless to point out that whenever a representations of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its 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 the Constitution of the 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 the respondents to consider the petitioners' representations dated 20.10.2023, 25.10.2023, 26.10.2023, 27.10.2023 and 30.10.2023, on their own merits and pass appropriate orders in accordance with law, within a period of eight 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 made by the petitioner and that it is 3/5
open to the concerned respondent to consider the same on its own merits.
5. With the above direction, the Writ Petition stands disposed of. No costs.
01.12.2023 Index:Yes/No Speaking order/Non-speaking order gpa To
1. The Managing Director Tamilnadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu Villupuram - 605 602
2. The General Manager Tamil Nadu State Transport Corporation (Villupuram) Ltd., Cuddalore Region No.2, Imperial Road Cuddalore Cuddalore District - 607 002
3. The Administrator Tamil Nadu State Transport Corporation Employees Pension Fund Trust No.2, Pallavan Salai, Chennai - 600 002 4/5
M.S.RAMESH,J.
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