Thampi Raj.A v. The Managing Director

W.P.(MD) No.1236 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.01.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.1236 of 2021 A.Thampi Raj

...Petitioner

Vs 1.The Managing Director, Tamil Nadu Transport Corporation (Tirunelveli) Ltd., Tirunelveli, Tirunelveli District.

2.The General Manager, Tamil Nadu Transport Corporation (Tirunelveli) Ltd., Ranithottam Nagercoil, Kanyakumari District.

...Respondents

P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents to settle the post retirement benefits scheme pension amount from the year May 2016 to 2020 with interest at the rate 18% per annum by considering the representation of the petitioner dated 03.11.2020 within a time frame that may be fixed by this Court. For Petitioner : Mr.T.Jeen Joseph For Respondents : Mr.R.Rajamohan Standing Counsel

O R D E R

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2.Since the petitioner's request to the respondents to settle the post retirement benefits scheme pension amount from the year May 2016 to 2020 with interest was not considered, the Writ Petition has been filed. According to the petitioner, he has made a representation in this regard on 03.11.2020, which is still pending.

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 indefinitely. As such, nonconsideration 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.1236 of 2021 stipulated time.

4. In the light of the above observations, it would be appropriate to direct the first respondent herein to consider the petitioner's representation dated 03.11.2020, within a stipulated time and thereby the ends of justice could be secured. It is made clear that this Court has not expressed any of its view 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.Accordingly, there shall be a direction to the first respondent to consider the petitioner's representation dated 03.11.2020, on its 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.

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

Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) cp NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy,shall be the responsibility of the advocate/litigant concerned. To:

The Managing Director, Tamil Nadu Transport Corporation (Tirunelveli) Ltd., Tirunelveli, Tirunelveli District.

Order made in W.P.(MD) No.1236 of 2021 27.01.2021 (MJ)CO AP(11/02/2021) 2 P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2