D.Shibu v. The General Manager
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.01.2024
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI D.Shibu ... Petitioner Vs.
1.The General Manager, Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Nagercoil Region, Ranithottam, Nagercoil.
2.The Branch Manager, Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Chettikulam Branch, Nagercoil.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to take action against the 2nd respondent and sanction the petitioner wages for those days marked as if the petitioner has absented based on the petitioner's representation, dated 08.02.2023 within the time that may be stipulated by this Court.
For Petitioner : Mr.G.M.Xavier For Respondents : Mr.K.Ramaiah Standing Counsel 1/5
ORDER
The present writ petition has been filed seeking direction to the 1st respondent to take action against the 2nd respondent and sanction the petitioner with wages for those days marked as if the petitioner has absented based on the petitioner's representation, dated 08.02.2023 within the time that may be stipulated by this Court.
2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.
3. The petitioner is working as a Conductor in Tamil Nadu State Transport Corporation (Tirunelveli) Limited, Nagercoil Region. The 2nd respondent is causing inconvenience to the public by forcing the petitioner to run buses that are not properly maintained. Hence, a detailed representation was sent by the petitioner on 08.02.2023 to the 1st respondent requesting to take action against the 2nd respondent for engaging the petitioner to work in those buses which do not have functional brakes. However, the same was not considered.
2/5
4. 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 respondent 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 made by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking the extraordinary powers under Article 226 of the Constitution of India.
5. Without going into the merits of the case, this Court hereby direct the 1st respondent to consider the representation of the petitioner, dated 08.02.2023 and pass appropriate orders in accordance with law within a period of twelve
(12) weeks from the date of receipt of copy of this order.
6. With the above said observations, this Writ Petition stands disposed of. No costs.
23.01.2024 NCC : Yes / No Index : Yes / No Internet : Yes gbg 3/5
To 1.The General Manager, Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Nagercoil Region, Ranithottam, Nagercoil.
2.The Branch Manager, Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Chettikulam Branch, Nagercoil.
4/5
L.VICTORIA GOWRI, J.
gbg 23.01.2024 5/5