Saravanakumar.S v. The Managing Director

W.P.(MD) No.2470 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.2470 of 2021 S.Saravanakumar

...Petitioner

Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation, Kumbakonam Division, 27, Railway Station New Road, Kumbakonam - 612 001.

2.The General Manager, Tamil Nadu State Transport Corporation, Regional Office, Kumbakonam Division - III Ltd., Karaikudi.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st respondent herein to consider the representation of the petitioner dated 14.12.2020.

For Petitioner : Mr.R.Sundar Srinivasan For Respondents : Mr.P.Balasubramanian 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 refix his salary on par with his juniors by granting two notional increments as per the revised order of punishment passed in respect of the petitioner and pay the arrears, was not considered, the Writ Petition has been filed. According to the petitioner, he has made a representation in this regard on 14.12.2020, 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, non-consideration 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 stipulated time.

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W.P.(MD) No.2470 of 2021

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 14.12.2020, 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 14.12.2020, 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 () // True Copy // / /2021 Sub Assistant Registrar(CS) TM 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, Tamil Nadu State Transport Corporation, Kumbakonam Division, 27, Railway Station New Road, Kumbakonam - 612 001. 2.The General Manager, Tamil Nadu State Transport Corporation, Regional Office, Kumbakonam Division - III Ltd.,Karaikudi.

+1 CC to M/s.R.SUNDAR SRINIVASAN, Advocate ( SR-4515[F] dated 11/02/2021 ) +1 CC to M/s.P.BALASUBRAMANIAN, Advocate ( SR-4853[F] dated W.P.(MD) No.2470 of 2021 11.02.2021 DKS(CO) KB(22.02.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2