Manoharan.S v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.06.2022

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH S.Manoharan ... Petitioner Vs.

1.The Managing Director, (Madurai) Ltd., Bye-Pass Road, Madurai-16.

2.The General Manager (Madurai) Ltd., Madurai Region, Bye-Pass Road, Madurai-16.

3.The Administrator Employees Pension, Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-2.

... Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the Respondents to settle the difference of Pension, difference in Gratuity, difference in Earned Leave and Medical Leave wages as per the 12(3) Settlement and also to settle the Employees Retirement Benefit Scheme Recovery effected from the petitioner from 1992 till the date of retirement on 31.05.2017 along with belated payment interest at the rate of 18percentage p.a.

For Petitioner : Mr.S.Govindan For Respondents : Mr.J.Senthil Kumaraiah Standing Counsel

O R D E R

By consent of both the parties, this writ petition is taken up for final disposal.

2. The petitioner herein had given a representation to the respondents on 23.05.2022 seeking for settlement of the difference of Pension, difference in Gratuity, difference in Earned Leave and Medical Leave wages as per the 12(3) Settlement and also to settle the Employees Retirement Benefit Scheme Recovery effected from the 1/3

petitioner from 1992 till the date of retirement on 31.05.2017 along with belated payment interest at the rate of 18 percentage p.a. Since the said representation was not considered, the present writ petition has been filed.

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.

4. In the light of the above observations, there shall be a direction to the first respondent herein to consider the petitioner's representation dated 23.05.2022 on its own merits 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. It is made clear that this Court has not expressed any of its views 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. With the above direction, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-II) // True Copy // /06/2022 Sub Assistant Registrar(CS) TM/VSM To 1.The Managing Director, (Madurai) Ltd., Bye-Pass Road, Madurai-16.

2.The General Manager (Madurai) Ltd., Madurai Region, Bye-Pass Road, Madurai-16.

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3.The Administrator Employees Pension, Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-2.

17.06.2022 NSN(CO) KB(27.06.2022) 3P 4C 3/3