Ladasamy.M v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.08.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.18516 of 2022 M.Ladasamy ... Petitioner /vs./ 1.The Managing Director, Tamil Nadu State Transport Corporation (KMB) Ltd., 27, New Railway Station Road, Kumbakonam 612 001.

2.The General Manager, Tamil Nadu State Transport Corporation (KMB) Ltd., Karaikudi Region, Managiri Post, Maruthapathi, Karaikudi, Sivagangai District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondents to disburse the petitioner's arrear amount of difference of grade pay benefit in his pension from the date of the retirement to November-2019.

For Petitioner : Mr.K.Gokul For Respondents : Mr.K.JAgadees Balan Standing Counsel 1/4

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 22.07.2021 seeking to disburse his arrear amount of difference of grade pay benefit in his pension from the date of the retirement to November-2019. 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 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 22.07.2021 on its own merits and pass appropriate orders in accordance with law, within a period 2/4

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. 16.08.2022 Index : Yes / No Internet : Yes / No Rmk To 1.The Managing Director, Tamil Nadu State Transport Corporation (KMB) Ltd., 27, New Railway Station Road, Kumbakonam 612 001.

2.The General Manager, Tamil Nadu State Transport Corporation (KMB) Ltd., Karaikudi Region, Managiri Post, Maruthapathi, Karaikudi, Sivagangai District. 3/4

M.S.RAMESH, J.

Rmk Order made in W.P.(MD) No.18516 of 2022 Dated:

16.08.2022 4/4