Jeyabal v. The Chief Engineer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.07.2024
CORAM
THE HONOURABLE MS JUSTICE R.N.MANJULA Jeyabal ... Petitioner Vs.
1.The Chief Engineer, Tamil Nadu Generation and Distribution Corporation, Tenapet, Chennai.
2.The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation, O/o.Tamil Nadu Generation and Distribution Corporation, Kovai Road, Karur.
3.The Junior Engineer, Tamil Nadu Generation and Distribution Corporation, Mayanoor, Karur District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the first and second respondents to consider the petitioner's representation dated 15.05.2024 and disburse the petitioner's retirement benefit.
1/5
For Petitioner : Mr.S.Balaji For Respondents : Mr.B.Ramanathan Standing Counsel
O R D E R
Heard Mr.S.Balaji, learned counsel for the petitioner, Mr.B.Ramanathan, learned Standing Counsel for the respondents.
2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.
3. The petitioner has filed this writ petition seeking a Writ of Mandamus, to direct the first and second respondents to consider the petitioner's representation dated 15.05.2024 and disburse the petitioner's retirement benefit.
4.The petitioner was working under the third respondent Corporation and retired from service on 31.10.2023. However, the petitioner was not granted with the retirement benefits. Seeking disbursal of the retirement benefits, the petitioner has made a representation dated 15.05.2024 to 2/5
the respondents. Since the same has not been considered by the respondent so far, the present writ petition has been filed.
5. It is needless to point out that whenever a representation of this nature is made to a Government 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. 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 third respondent herein to consider the petitioner's representation dated 15.05.2024 on its own merits and pass appropriate orders in accordance with law and in light of the earlier judicial pronouncement, if any, within a period of three (3) weeks from the date of receipt of a copy of this order. It is made clear 3/5
that this Court has not gone into the merits of the claim of the petitioner and it is open to the respondents to consider the same on its own merits.
7. With the above direction, the Writ Petition stands disposed of. No costs.
15.07.2024 NCC:yes/no Index:yes/no Internet:yes/no ta To 1.The Chief Engineer, Tamil Nadu Generation and Distribution Corporation, Tenapet, Chennai.
2.The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation, O/o.Tamil Nadu Generation and Distribution Corporation, Kovai Road, Karur.
3.The Junior Engineer, Tamil Nadu Generation and Distribution Corporation, Mayanoor, Karur District.
4/5
R.N.MANJULA, J.
ta 15.07.2024 5/5