Poochendu.S v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.07.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI S.Poochendu ... Petitioner Vs.

1.The Managing Director, Tamilnadu Transport Corporation (Madurai Ltd), Bypass Road, Madurai.

2.The General Manager, TNSTC (Madurai Division I) Ltd, Bypass Road, Madurai.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to consider the representation of the petitioner dated 08.04.2021 with regard to his request for modification of his punishment of dismissal from service to that of compulsory retirement and seeking arrears of bonus and salary. For Petitioner : M/s.Polax Legal Solutions For Respondents : Mr.S.C.Herold Singh, Standing Counsel 1/4

ORDER

This writ petition has been filed seeking direction to the 1st respondent to consider the representation of the petitioner dated 08.04.2021 with regard to his request for modification of his punishment of dismissal from service to that of compulsory retirement and seeking arrears of bonus and salary.

2. 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 respondent 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 made by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking the extraordinary powers under Article 226 of the Constitution of India.

3. Without going into the merits of this case, this Court hereby direct the respondents to consider the representation of the petitioner dated 08.04.2021 2/4

and pass appropriate orders in accordance with law within a period of eight (8) weeks from the date of receipt of a copy of this order. 08.07.2024 NCC : Yes / No Index : Yes / No Internet : Yes Sml To 1.The Managing Director, Tamilnadu Transport Corporation (Madurai Ltd), Bypass Road, Madurai.

2.The General Manager, TNSTC (Madurai Division I) Ltd, Bypass Road, Madurai.

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L.VICTORIA GOWRI, J.

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