Muniyasamy Raju v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.07.2024
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD) No.16595 of 2024 Muniyasamy Raju ... Petitioner Vs.
1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., New Railway Road, Kumbakonam.
2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Karaikudi Region, Karaikudi.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to settle the petitioner's retirement benefits along with Gratuity, Earned Leave, Surrender Leave, Commutation of Pension, Provident Fund and other retirement benefits payable to the petitioner with 18 percentage rate of interest within a time frame fixed by this Court. 1/6
For Petitioner : Mr.T.Veerakumar For Respondents : Mr.K.Ramaiah Standing Counsel
ORDER
The petitioner has filed this Writ Petition seeking for a Writ of Mandamus directing the respondents to settle the petitioner's retirement benefits along with Gratuity, Earned Leave, Surrender Leave, Commutation of Pension, Provident Fund and other retirement benefits payable to the petitioner with 18 percentage rate of interest within a time frame fixed by this Court.
2. Heard Mr.T.Veerakumar, learned counsel for the petitioner and Mr.K.Ramaiah, learned Standing Counsel for the respondents.
3. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself. 2/6
4. The petitioner herein had given a request / representation to the respondents on 16.07.2024 with regard to the aforesaid relief sought for by the petitioner. Since the said representation was not considered by the respondents 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 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.
6. In the light of the above observations, there shall be a direction to the respondents to consider the petitioner's request / representation 3/6
dated 16.07.2024 on its own merits and pass appropriate orders in accordance with law, 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 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.
23.07.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No sm 4/6
To 1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., New Railway Road, Kumbakonam.
2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Karaikudi Region, Karaikudi.
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R.N.MANJULA , J.
sm Order made in W.P.(MD)No.16595 of 2024 23.07.2024 6/6