T.Karunanithi v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD) No.16851 of 2025 T.Karunanithi : Petitioner Vs.

1. The Managing Director, Tamil Nadu State Transport Corporation (Kovai) Ltd., No.37, Mettupalayam Road, Coimbatore - 641 043.

2. The General Manager, Tamil Nadu State Transport Corporation (Kovai) Ltd., Erode Region, Chennimalai Road, Erode - 11.

: Respondents P RAYER:

Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to disburse petitioner's Earn Leave Surrender Salary and RBSR full amount with interest at the rate of 12 percent within the time stipulated by this Court.

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For Petitioner : Mr.S.Prasanth For Respondents : Mr.K.Ramaiah

O R D E R

The writ petition has been filed for a mandamus to direct the respondents to disburse the petitioner's Earn Leave Surrender Salary and RBSR full amount with interest at the rate of 12 percent within the time stipulated by this Court.

2. Heard the learned counsel for the parties. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3. The petitioner, who was working as an Assistant, retired on 31.07.2015. After retirement, since his Earn Leave Surrender Salary and RBSR full amount were not settled, he sent a representation to the respondents. Since the said representation was not considered, the petitioner is before this Court with this writ petition. 2/6

4. 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. 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.

5. In the light of the above observations, there shall be a direction to the respondents herein to consider the petitioner's representation dated 05.05.2025 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 3/6

of the petitioner and it is open to the respondents to consider the same on its own merits.

6. With the above directions, this writ petition is disposed of. No costs.

23.06.2025 Index : Yes / No 2/3 Internet : Yes / No PKN 4/6

To

1. The Managing Director, Tamil Nadu State Transport Corporation (Kovai) Ltd., No.37, Mettupalayam Road, Coimbatore - 641 043.

2. The General Manager, Tamil Nadu State Transport Corporation (Kovai) Ltd., Erode Region, Chennimalai Road, Erode - 11.

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VIVEK KUMAR SINGH, J.

PKN W.P.(MD) No.16851 of 2025 23.06.2025 2/3 6/6