Kannan A v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH A.Kannan ... Petitioner -vs1.The Managing Director, Tamil Nadu State Transport Corporation (KMB) Ltd., New Railway Station Road, Kumbakonam - 612 001.

2.The General Manager, Tamil Nadu State Transport Corporation (KMB) Ltd., Pudukottai Region, Thirumayam Road, Pillai Thanneer Panthal, Pudukottai.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to take the petitioner's service period from 16.10.1995 instead of 15.09.1996 and on the basis of the same to disburse difference amount of gratuity with the rate of 6% interest on the basis of the petitioner's representation, dated 14.03.2025. For Petitioner : Mr.K.Gokul For Respondents : Mr.K.Ramaiah Standing Counsel

ORDER

This Writ Petition has been filed seeking a direction to the respondents to reckon the petitioner's service period from 16.10.1995 instead of 15.09.1996 and consequently, to disburse the differential amount of gratuity along with interest at the rate of 6% per annum, based on the petitioner's representation dated 14.03.2025.

2. The petitioner was appointed as a 'Driver' in the respondent Corporation on 15.10.1995 and retired from service on 31.05.2018. The learned counsel for the petitioner submits that, while the actual date of appointment is 15.10.1995, the respondents erroneously reckoned the petitioner's service period from 15.09.1996. As a result, the differential amount of gratuity payable to the petitioner has not been disbursed. Despite making several representations in person to the respondents, no effective action was taken. Subsequently, the petitioner submitted a written representation dated 14.03.2025, seeking redressal of the issue. However, as no action has been taken pursuant to the said representation, the petitioner is left with no alternative but to approach this Court by way of the present Writ Petition seeking appropriate relief.

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 him 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, non-consideration 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 the 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 to consider the petitioner's representation dated 14.03.2025, on its own merits and pass appropriate orders in accordance with law, within a period of one month from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the first respondent to consider the same on its own merits.

5. With the above observations and directions, the Writ Petition stands disposed of. There shall be no order as to costs. NCC : Yes / No 01.07.2025 Index : Yes / No smn2 To:- 1.The Managing Director, Tamil Nadu State Transport Corporation (KMB) Ltd., New Railway Station Road, Kumbakonam - 612 001.

2.The General Manager, Tamil Nadu State Transport Corporation (KMB) Ltd., Pudukottai Region, Thirumayam Road, Pillai Thanneer Panthal, Pudukottai.

VIVEK KUMAR SINGH , J.

smn2 01.07.2025