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Madras High CourtWP(MD)/2333/2021disposed of

Baskaran. C v. The Managing Director

2021-02-10Honourable Mr Justice M.S. Ramesh2 pages

W.P.(MD) No.2333 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.2333 of 2021 C.Baskaran

...Petitioner

Vs.

1.The Managing Director, Tamilnadu Forest Plantation Corporation Ltd., (TAFCORN), Karur Road, Kamparasan Pettai, Mallachi Puram, Trichy.

2.The Regional Manager, Tamilnadu Forest Plantation Corporation Ltd., (TAFCORN), Thirukovilor, Trichy.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the first respondent to disburse of 6th pay commission Arrears to the petitioner with effect from 01.01.2006 to 31.05.2010 together with interest of 18% per annum till the disburse of payment made by disposing petitioner's representation dated 27.10.2020. For Petitioner :

Mr.D.Selvanayagam For Respondents :

Mr.M.Rajarajan 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 disburse 6th pay commission arrears to him with effect from 01.01.2006 to 31.05.2010 was not considered, the Writ Petition has been filed.

According to the petitioner, he has made a representation in this regard on 27.10.2020, 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.2333 of 2021 Constitution of India and direct them to consider the same within a 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 27.10.2020, 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 27.10.2020, on its own merits and pass appropriate orders in accordance with law, within a period of twelve 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 (AE) // 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 1.The Managing Director, Tamilnadu Forest Plantation Corporation Ltd., (TAFCORN), Karur Road, Kamparasan Pettai,Mallachi Puram, Trichy. 2.The Regional Manager, Tamilnadu Forest Plantation Corporation Ltd., (TAFCORN), Thirukovilor, Trichy.

+1 CC to M/s.M.RAJARAJAN, Advocate ( SR-4705[F] dated 12/02/2021 ) W.P.(MD) No.2333 of 2021 10.02.2021 (SSS)CO AP(24/02/2021) 2 P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2