N.Chandrasekaran, v. The Secretary To Government,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.15263 of 2025 N.Chandrasekaran ... Petitioner -vs1. The Secretary to Government, Home(Transport) Department, Secretariat, Chennai 600 009.

2. The Transport Commissioner, Ezhilagam, Chepauk, Chennai 600 005.

3. The Deputy Transport Commissioner, Opp to Collectors Office, Virudhunagar.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent i.e., the Secretary to Government, Home (Transport) Department, Chennai, to sanction interest to the petitioner for the belated payment of DCRG and other retirement benefits for the period from 01.02.2007 to 12.04.2023 within a specified time frame that may be fixed by this Court.

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For Petitioner : Mr.S.Visvalingam For Respondent : Mr.S.R.A.Ramachandhran Additional Government Pleader

ORDER

This writ petition has been filed seeking a direction to the first respondent to sanction interest to the petitioner for the belated payment of DCRG and other retirement benefits for the period from 01.02.2007 to 12.04.2023 within a specified time frame that may be fixed by this Court.

2. Heard the learned counsel on either side.

3. When the matter is taken up for hearing, the learned counsel appearing for the petitioner submits that though the aforesaid relief has been sought for by the petitioner, now, he confines the prayer that it would suffice if the representation submitted by the petitioner dated 08.07.2023 is disposed of in accordance with law.

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 him to consider the same on its own merits and pass appropriate orders in one way or 2/4

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 the Constitution of India and direct them to consider the same within a stipulated time.

5. In view of the above, this Court directs the first respondent to consider the representation submitted by the petitioner dated 08.07.2023 on its own merits and pass appropriate orders, in accordance with law, within a period of two months from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the respondents to consider the same on its own merits.

6. With the above observations and directions, the Writ Petition stands disposed of. There shall be no order as to costs. 27.06.2025 NCC : Yes/No Index : Yes / No sm 3/4

VIVEK KUMAR SINGH, J.

sm TO:-

1. The Secretary to Government, Home(Transport) Department, Secretariat, Chennai 600 009.

2. The Transport Commissioner, Ezhilagam, Chepauk, Chennai 600 005.

3. The Deputy Transport Commissioner, Opp to Collectors Office, Virudhunagar.

Order made in W.P.(MD)No.15263 of 2025 Dated:

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