S.Mohan v. The Management Of

W.P.(MD) No.2244 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.2244 of 2020 S.Mohan ... Petitioner /vs./ The Management of Tamilnadu State Transport Corporation (Thirunelveli) Ltd., Thirunelveli Region, represented by its General Manager, Thirunelveli.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to pay arrears of wages to the petitioner together with 18% interest per annum after correctly arriving at the monthly wages payable to him for 01.01.19 to 31.03.19 by taking note of the enhanced rate of dearness allowance as ordered/fixed for the period from 01.01.2019 to 30.06.2019 in the G.O.Ms.No.151, Finance (Allowances) Department dated 20.05.2019 and also to revise his terminal benefits, namely gratuity and encashment of 269.5 days earned and sick leaves based on such wages payable to him on the month of his retirement i.e. March, 2019 and accordingly to pay him balance/arrears of gratuity and encashment of earned and sick leave days, together with 18% percent interest per annum, within a time frame as may be fixed by this Court.

For Petitioner : Mr.S.Arunachalam For Respondent : Mr.R.Rajamohan Standing Counsel

ORDER

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2.Though the petitioner has sought for issuance of Writ of Mandamus to the respondent to pay arrears of wages to the petitioner together with 18% interest per annum after correctly arriving at the monthly wages payable to him for 01.01.19 to 31.03.19 by taking note of the enhanced rate of dearness allowance as ordered/fixed for the period from 01.01.2019 to 30.06.2019 in the G.O.Ms.No.151, Finance (Allowances) Department dated 20.05.2019 and also to revise his terminal benefits, namely gratuity and encashment of 269.5 days earned and sick leaves based on such wages payable to him on the month of his retirement i.e. March, 2019 and accordingly to pay him balance/arrears of gratuity and encashment of earned and sick leave days, together with 18% percent interest per annum, in my view, such a decision is to be taken by the respondent and in case, the petitioner is aggrieved against such any decision, it would be appropriate to approach this Court.

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W.P.(MD) No.2244 of 2020 3.The petitioner would submit that he has already submitted a representation on 15.10.2019 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. 4.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.

5.In view of the above observations, there shall be a direction to the respondent herein to consider the petitioner's representation, dated 15.10.2019, in the light of the G.O.Ms.No.151, Finance (Allowances) Department dated 20.05.2019 and pass appropriate orders 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 view with regard to the claim made by the petitioner in his representation and it is for the respondent to consider it in accordance with law.

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

Sd/- Assistant Registrar (P&A) // True Copy // / /2020 Sub Assistant Registrar(CS) Mm +1 CC to M/s.P.RAJAMOHAN, Advocate ( SR-4966[F] dated 06/02/2020 ) W.P.(MD) No.2244 of 2020 SMA/14/02/2020/2P/2C https://hcservices.ecourts.gov.in/hcservices/ 2/2