G.Paulraj v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 14/06/2024
CORAM
The Hon`ble Ms.Justice R.N.MANJULA G.Paulraj ... Petitioner Vs
1. The Managing Director, Tamil State Transport Corporation (Mdu) Ltd., Bye-Pass Road, Madurai-625 016.
2. The General Manager, Tamilnadu State Transport Corporation (Mdu) Ltd., Virudhunagar Region, Virudhunagar.
... 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 disburse the petitioners difference amount of earned leave salary along with 6 percentage interest on the basis of VII pay commission.
For Petitioner : Mr.K.Gokul, For Respondents : Mr.S.Sivabalaji 1/5
ORDER
The writ petition has been filed for a mandamus to direct the respondents to disburse the petitioners difference amount of earned leave salary along with 6% interest on the basis of VII pay commission.
2. Heard the learned counsel for the petitioner and the learned standing counsel for the respondents.
3. The petitioner joined the respondent corporation as Junior Tradesman on 01.09.1989. He has retired from service on 30.04.2017 on attaining the age of superannuation as Assistant Manager. Though his terminal benefits were settled to him, the difference of earned leave was not settled to him. Hence, he has preferred a representation to the respondents on 19.12.2023. Since the same has not been considered so far, the petitioner is before this Court with this writ petition. 2/5
4. 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. The failure on the part of the authority had prompted the petitioner to file this petition for seeking relief through issuance of Writ of Mandamus. As the petitioner has made out a case for invoking the extraordinary powers of this Court under Article 226 of the Constitution of India, the respondents are required to be given with a direction to consider the representation of the petitioner within a specified time frame.
5. In the light of the above observations, there shall be a direction to the respondents herein to consider the petitioner's representation dated 19.12.2023 on its own merits and pass appropriate orders in accordance with law, after making due enquiry, within a period of four weeks from the date of receipt of a copy of this order. It is made clear that this Court has not gone into the merits of the case or the claim of the petitioner and 3/5
it is open to the respondents to consider the same on its own merits.
6. With the above direction, this writ petition is disposed of. No costs.
14.06.2024 RR TO
1. The Managing Director, Tamil State Transport Corporation (Mdu) Ltd., Bye-Pass Road, Madurai-625 016.
2. The General Manager, Tamilnadu State Transport Corporation (Mdu) Ltd., Virudhunagar Region, Virudhunagar.
4/5
R.N.MANJULA,J RR
ORDER
IN WP(MD) No.12634 of 2024 Date : 14/06/2024 5/5