Ganesh.S v. Tamil Nadu State Transport Corporation Ltd.,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.08.2022
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.17902 of 2022 S.Ganesh ... Petitioner /vs./ 1.Tamil Nadu State Transport Corporation Limited, Represented by its Managing Director, Madurai Division, Bye Pass Road, Madurai-625 016.
2.The General Manager, Tamil Nadu State Transport Corporation Limited, Madurai Religion, Bye Pass Road, Madurai-625 016.
3.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-600 002.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to pay the Pension amount of Rs.19,218/- payable to the petitioner for the month of October 2018, together with 6% interest from 31.10.2018 to till the date of payment and all other attendant benefits to him within the stipulated period. 1/5
For Petitioner : Mr.A.K.Thangavelu For R1 & R2 : Mr.S.Raja Standing Counsel For R3 : Mr.S.C.Herold Singh Standing Counsel
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 respondent on 14.06.2022 seeking for payment of Pension amount of Rs.19,218/- payable to the petitioner for the month of October 2018, together with 6% interest from 31.10.2018 to till the date of payment and all other attendant benefits. 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 2/5
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 first respondent herein to consider the petitioner's representation, dated 14.06.2022 on its own merits and pass appropriate orders in accordance with law, within a period of twelve (12) weeks 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. 10.08.2022 Index : Yes / No Internet : Yes / No sn 3/5
To 1.The Managing Director, Tamil Nadu State Transport Corporation Limited, Madurai Division, Bye Pass Road, Madurai-625 016.
2.The General Manager, Tamil Nadu State Transport Corporation Limited, Madurai Religion, Bye Pass Road, Madurai-625 016.
3.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-600 002.
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M.S.RAMESH, J.
Sn Order made in W.P.(MD)No.17902 of 2022 Dated:
10.08.2022 5/5