Rojamani Irulappan v. The Tamil Nadu State Transport
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.06.2022
CORAM
THE HONOURABLE MR.JUSTICE M.S.RAMESH Rojamani Irulappan ... Petitioner Vs.
1.The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Represented by its Managing Director, Kumbakonam.
2.The General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Karaikudi Region, Karaikudi.
3.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to pay the petitioner's family pension arrears from 05.01.2006 to September, 2018 with corresponding revision from time to time along with dearness allowance with 6% interest per annum. For Petitioner : Mr.A.Rahul For Respondents : Mr.K.Jagadees Balan, Standing Counsel.
ORDER
By consent of both the parties, this Writ Petition is taken up for final disposal.
2. The petitioner herein had given representations to the respondents on 22.10.2021 and 01.06.2022 seeking for payment of family pension arrears. Since the said representations were not considered, the present Writ Petition has been filed. 1/3
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 respondents herein to consider the petitioner's representations dated 22.10.2021 and 01.06.2022, on its own merits and pass appropriate orders in accordance with law, within a period of twelve (12) 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. There shall be no order as to costs.
Sd/- Assistant Registrar (C.O) // True Copy // /06/2022 Sub Assistant Registrar(CS) Lm To 1.The Managing Director, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam.
2.The General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Karaikudi Region, Karaikudi.
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3.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.
+1 CC to M/s.K. JAGADEES BALAN, Advocate ( SR-25774[F] dated 15/06/2022 ) +1 CC to M/s.A. RAHUL, Advocate ( SR-25995[F] dated 15/06/2022 ) +1 CC to M/s.K. JAGADEES BALAN, Advocate ( SR-26477[F] dated 17/06/2022 ) 15.06.2022 SS(28/06/2022) 3P 7C 3/3