M.Murugesan v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.01.2020
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH M.Murugesan ... Petitioner /vs./ 1.The Managing Director, Tamilnadu State Transport Corpn., (KMBU) Ltd., 27, New Railway Station Road, Kumbakonam-612 001, Thanjavur District.
2.The Financial Advisor, Tamilnadu State Transport Corpn., (KMBU) Ltd., 27, New Railway Station Road, Kumbakonam-612 001, Thanjavur District.
3.The Administrator, TNSTC Employees Pension Trust, Thiruvalluvar House, No.2, Pallavan Salai, Chennai-600 002.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents to revised pension benefits and other revised terminal benefits like gratuity arrears, leave salary arrears and pension arrears etc., in the new scale of pay on the base of 7th pay commission with interest at the rate of 12% per annum payable from the date of retirement (29.02.2016) of the petitioner till the date of payment of the said monetary benefits to the petitioner within a stipulated time frame as fixed by this Court. For Petitioner : Mr.K.Gokul For R-1 & R-2 : Mr.P.Balasubramanian Standing Counsel For R-3 : Mr.A.Swaminathan Standing Counsel 1/3
ORDER
Though the petitioner has sought for issuance of writ of mandamus to direct the respondents to revise pension benefits and other revised terminal benefits like Gratuity arrears, Leave Salary arrears and pension arrears, etc in the new scale of pay on the base of 7th Pay Commission with interest at the rate of 12% Per Annum payable from the date of retirement of him till the date of payment of the said monetary benefits to him, in my view, such a decision is to be taken by the respondents and in case, the petitioner is aggrieved against such any decision, it would be appropriate to approach this Court.
2.The petitioner would submit that he has already made representation on 19.12.2019 in this regard, which is said to be pending. If the said representation is directed to be disposed of within stipulated time, the ends of justice could be secured.
3. Whenever a representation is made to a statutory authority to redress the claim of the employee, 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. Such an inaction would amount to dereliction of duties and thereby this Court would be justified in invoking its extraordinary powers under Article 226 of Constitution of India and thereby direct such authority to consider the representation within the stipulated time.
4. In view of the above observations, there shall be a direction to the respondents herein to consider the petitioner's representation, dated 19.12.2019, in the light of G.O (Ms) No.134, Transport (D) Department, dated 09.04.2018, on its own merits and pass appropriate orders within a period of eight (8) 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 view with regard to the claim made by the petitioner in his representation and it is for the respondents to consider it in accordance with law.
5. With the above directions, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar(AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) 2/3
rmk To:
1.The Managing Director, Tamilnadu State Transport Corpn., (KMBU) Ltd., 27, New Railway Station Road, Kumbakonam-612 001, Thanjavur District.
2.The Financial Advisor, Tamilnadu State Transport Corpn., (KMBU) Ltd., 27, New Railway Station Road, Kumbakonam-612 001, Thanjavur District.
3.The Adminstrator, TNSTC Employees Pension Trust, Thiruvalluvar House, No.2, Pallavan Salai, Chennai-600 002.
+1 CC to M/s.K.GOKUL, Advocate ( SR-4130[F] dated 31/01/2020 ) +1 CC to M/s.P.BALASUBRAMANIAN, Advocate ( SR-4178[F] dated 31/01/2020 ) Order made in W.P.(MD)No.1859 of 2020 NA(CO) TR(11.02.2020) 3P 6C 3/3