Madras High CourtWP(MD)/5676/2021disposed of

M.Ganasambatham (Retd) v. The Commissioner

2021-03-15Honourable Mr Justice M.S. Ramesh2 pages

W.P.(MD) No.5676 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.5676 of 2021 M.Ganasambatham

...Petitioner

Vs.

1.The Commissioner, Hindu Religious and Charitable Endowment Department, 119, Utthamar Gandhi Salai, Chennai-38.

2.The Executive Officer, Arulmigu Dhandayuthapani Swamy Temple, Palani-624601, Dindigul District.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the first respondent herein to pass appropriate orders on the representation dated 17.02.2021 given by the writ petitioner and to pay the departmental pension of Rs.2,000/- from 01.07.2018 to 12.07.2020 and to pay the enhanced departmental revised pension of Rs.3,000/- from 13.07.2020 to till date along with 10% interest to the petitioner, within the time limit fixed by this Court.

For Petitioner : Mr.S.Manikandan For R-1 : Mr.K.P.Narayanakumar Special Government Pleader For R-2 : Mr.V.R.Shanmuganathan 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 pay the departmental pension of Rs.2,000/- from 01.07.2018 to 12.07.2020 and to pay the enhanced departmental revised pension of Rs.3,000/- from 13.07.2020 to till date along with interest to him was not considered, the Writ Petition has been filed. According to the petitioner, he has made a representation in this regard on 17.02.2021, 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, nonhttps://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.5676 of 2021 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.

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 17.02.2021, 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 24.12.2020 on its own merits and pass appropriate orders in accordance with law, within a period of three months 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) 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 Commissioner, Hindu Religious and Charitable Endowment Department, 119, Utthamar Gandhi Salai, Chennai-38.

2.The Managing Director, Management of Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam.

Karur.

+1 CC to M/s.SPL GP ( SR-11843[F] dated 17/03/2021 ) W.P.(MD) No.5676 of 2021 15.03.2021 SMV(CO) KB(08.04.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2