Sambandamoorthy.N v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.07.2022

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH N.Sambandamoorthy ... Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corpn., (KMB) Ltd., 27, New Railway Station Road, Kumbakonam - 612 001.

2.The General Manager, Tamil Nadu State Transport Corpn., (KMB) Ltd., Kumbakonam Region, 27, New Railway Station Road, Kumbakonam - 612 001.

3.The Administrator, Tamil Nadu State Transport Corporation Employees Pensions Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 2.

... Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondents to disburse the petitioners difference amount of Gratuity, Surrender Leave, Pensions Arrears and to 1/4

revise Pension on the basis of 12(3) Settlement, dated 01.04.2018. For Petitioner : Mr.K.Gokul For Respondents : Mr.K.Jagadees Balan for R1 and R2 Standing Counsel Mr.S.C.Herold Singh, for R3 Standing Cousnel

O R D E R

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 13.12.2021 seeking to disburse the petitioners difference amount of Gratuity, Surrender Leave, Pensions Arrears and to revise Pension on the basis of 12(3) Settlement, dated 01.04.2018. 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 other, instead of keeping the same pending indefinitely. 2/4

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 representation dated 13.12.2021 on its own merits and pass appropriate orders in accordance with law, within a period of eight (8) 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. No costs.

26.07.2022 Index : Yes / No Speaking Order/ Non Speaking Order TM 3/4

M.S.RAMESH,J.

TM 26.07.2022 4/4