Jeyasekar A (Driver Edp No.7734) v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.07.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD) No.16148 of 2024 A.Jeyasekar ... Petitioner Vs.

1.The Managing Director, No.23/2, Tuticorin Road, Kattapomman Nagar, V.M.Chathiram, Tirunelveli - 627 011.

2.The General Manager, No.19, Trivandrum Road, Vannarapettai, Tirunelveli - 627 003.

1/6

3.The General Manager, Nagercoil Region, Nesamani Nagar, Ranithottam, Nagercoil - 629 001.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents herein to consider and pass orders on the petitioner's representation dated 21.04.2023 in accordance with law with an opportunity of hearing to the petitioner.

For Petitioner : Mr.K.Saravanan, for Mr.S.Thirumavalavan For Respondents : Mr.K.Ramaiah Standing Counsel

ORDER

Heard Mr.K.Saravanan learned counsel for the petitioner and Mr.K.Ramaiah, learned Standing Counsel appearing for the respondents.

2/6

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. The petitioner was originally appointed as Driver in the respondent Corporation during the year 1992. Based on a charge against the petitioner, he was dismissed from service and subsequently, he was reinstated into service in the year 2005. So, instead of deducting the amount towards Provident Fund Contribution, the respondents are deducting the amount towards Contributory Pension Scheme from his salary. The several representations sent by the petitioner have not been the light so far. Thereafter, he filed a writ petition in W.P.(MD)No. 10598 of 2017 and in which this Court directing the respondent to consider the petitioner's representation. But no step has been taken pursuant to the order of the Court. The petitioner made another representation dated 21.04.2023 along with order of the High Court dated 18.02.2019 passed in W.P.(MD)No.10598 of 2017. Thereafter, the petitioner issued a lawyer's notice dated 14.10.2023. But no action has been taken on the part of the respondents. Hence, the petitioner has filed this writ petition.

3/6

4. The learned Standing Counsel appearing for the respondents submitted that the representation of the petitioner is pending before respondents and the same would be considered by the respondents within a time frame fixed by this Court.

5. In view of the above submission, this Writ Petition is disposed of and the respondents herein are directed to consider the petitioner's representation, dated 21.04.2023 on its own merits and pass appropriate orders in accordance with law, within a period of six 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 claim of the petitioner and it is open to the respondents to consider the same on its own merits. No costs.

19.07.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No RM 4/6

To 1.The Managing Director, No.23/2, Tuticorin Road, Kattapomman Nagar, V.M.Chathiram, Tirunelveli - 627 011.

2.The General Manager, No.19, Trivandrum Road, Vannarapettai, Tirunelveli - 627 003.

3.The General Manager, Nagercoil Region, Nesamani Nagar, Ranithottam, Nagercoil - 629 001.

5/6

R.N.MANJULA , J.

RM Order made in W.P.(MD)No.16148 of 2024 Dated:

19.07.2024 6/6