Malaichamy .V v. The General Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 02/07/2024

CORAM

The Hon`ble Ms.Justice R.N.MANJULA Malaichamy .V ... Petitioner Vs The General Manager, Tamilnadu State Transport Corporation (Kum) Limited, Pudukkottai Region, Pillai Thaneer Panthal, Madurai Main Road, Pudukkottai..

... Respondent PRAYER :-Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus, directing the respondent to disburse the petitioners Over Time Duty salary, by considering his representation dated 26.02.2021 within the stipulated time to be fixed by this Court.

For Petitioner : Mr.P.Vijaynivas, For Respondents : Mr.K.Jagadeesbalan 1/5

ORDER

The writ petition has been filed for a mandamus to direct the respondent to disburse the petitioner's over Time Duty salary, by considering his representations dated 26.02.2021 and 30.07.2022 within the stipulated time to be fixed by this Court.

2. Heard the learned counsel for the petitioner and learned counsel for the respondent. .

3. By consent, the writ petition itself is taken up for final disposal.

4. The petitioner, who is working as a senior Driver in the respondent corporation, has sent a representation to the respondent on 26.02.2021 and 30.07.2022 requesting him to sanction the over time salary for his extra work done. Since the said representation was not considered, the petitioner is before this Court with this writ petition.

5. 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 2/5

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. 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.

6. In the light of the above observations, there shall be a direction to the respondent herein to consider the petitioner's representations dated 26.02.2021 and 30.07.2022 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 it is open to the respondent to consider the same on its own merits.

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7. With the above direction, this writ petition is disposed of. No costs.

02.07.2024 RR 4/5

R.N.MANJULA,J RR

ORDER

IN WP(MD) No.14337 of 2024 Date : 02/07/2024 5/5