Thanga Tamil Mullai.A v. The Management Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.08.2022
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.18191 of 2022 A.Thanga Tamil Mullai ... Petitioner /vs./ 1.The Management of Tamil Nadu, State Transport Corporation (Kumbakonam) Ltd., rep., by its Managing Director, Kumbakonam.
2.The General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Pudukottai Region, Pudukottai.
... 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 petitioner, the difference in gratuity of Rs.61,586/- difference in leave salary Rs.29,489/- as per the wage revision settlement under Section 12(3)of the ID Act dated 04.01.2018 with interest at the rate of 6% per annum payable to the petitioner's husband from 08.09.2017 to till the date of actual payment within the time limit that may be stipulated by this Court.
1/4
For Petitioner : Mr.A.Rahul For Respondents : Mr.Jagadees Balan 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 on 27.06.2022 seeking to pay the difference in gratuity, leave salary as per the settlement, dated 04.01.2018 payable to her husband. 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 other, instead of keeping the same pending indefinitely. As such, nonconsideration of the representation by the Statutory Authority would amount to 2/4
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 respondents herein to consider the petitioner's representation dated 27.06.2022 on its own merits and pass appropriate orders in accordance with law, within a period of three (3) months 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 respondents to consider the same on its own merits.
5.With the above direction, the Writ Petition stands disposed of. No costs. 12.08.2022 Index : Yes / No Internet : Yes / No Rmk 3/4
M.S.RAMESH, J.
Rmk To 1.The Managing Director, Management of Tamil Nadu, State Transport Corporation (Kumbakonam) Ltd., Kumbakonam.
2.The General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Pudukottai Region, Pudukottai.
Order made in W.P.(MD) No.18191 of 2022 Dated:
12.08.2022 4/4