Sivaji.G v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.07.2022
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.16264 of 2022 G.Sivaji ... Petitioner /vs./ 1.The Managing Director, Tamil Nadu State Transport Corporation (KMB) Ltd., 27, New Railway Station Road, Kumbakonam - 612 001.
2.The General Manager, Tamil Nadu State Transport Corporation (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 for issuance of Writ of Mandamus directing the respondents to disburse the petitioner's difference amount of Gratuity, Surrender Leave, Pensions Arrears and to revise Pensions, on the basis of 12 (3) Settlement dated 01.04.2018. 1/4
For Petitioner : Mr.K.Gokul For Respondents : Mr.K.Jagadees Balan, Standing Counsel (for R1 & R2) Mr.S.C.Herold Singh Standing Counsel (for R3)
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 01.02.2022 seeking for disbursement of the petitioner's difference amount of Gratuity, Surrender Leave, Pensions Arrears and to revise Pensions, 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 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 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 01.02.2022 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. No costs. 25.07.2022 Index : Yes / No Internet : Yes / No sm 3/4
M.S.RAMESH, J.
Sm TO:
1.The Managing Director, Tamil Nadu State Transport Corporation (KMB) Ltd., 27, New Railway Station Road, Kumbakonam - 612 001.
2.The General Manager, Tamil Nadu State Transport Corporation (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.
Order made in W.P.(MD)No.16264 of 2022 Dated:
25.07.2022 4/4