Sagundhala. J v. The Tamil Nadu State Transport
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.08.2022
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.19942 of 2022 J.Sagundhala ... 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, Trichy Region, Trichy.
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 for issuance of Writ of Mandamus, directing the respondents to pay the petitioner 1/5
pension arrears of her husband Late.S.Jayabal from 01.02.2013 to January, 2020 with 6 percent interest per annum and pass such further or other orders as this Court.
For Petitioner : Mr.A.Rahul For R-1 & R-2 : Mr.K.Jagadees Balan Standing Counsel For R-3 :
Mr.S.C.Herold Singh Standing Counsel
ORDER
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 09.04.2022 seeking to pay the pension arrears of her husband, Late.S.Jayabal from 01.02.2013 to January, 2020 with 6 percent interest per annum. 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 2/5
other, instead of keeping the same pending indefinitely. As such, nonconsideration 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 second and third respondents herein to consider the petitioner's representation dated 09.04.2022 on its own merits and pass appropriate orders in accordance with law, within a period of three (3) months 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.
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Index : Yes / No Internet : Yes / No btr/sm 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, Trichy Region, Trichy.
3.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-600 002 4/5
M.S.RAMESH, J.
btr/sm Order made in W.P.(MD)No.19942 of 2022 Dated:
26.08.2022 5/5