N.Kalichamy v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.18257 of 2025 N.Kalichamy ... Petitioner -vs1. The Managing Director, Tamil Nadu State Transport Corporation (Tvl) Ltd., 23/2, Thoothukudi Road, Kattabomman Nagar, Tirunelveli District - 627 007.

2. The General Manager, Tamil Nadu State Transport Corporation (Tvl) Ltd., Tirunelveli Region, Tirunelveli District - 627 007.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to disburse the petitioner's 123 days amount for Medical Leave amount along with 6 percent interest on the basis of VIIth Pay Commission. For Petitioner : Mr.K.Gokul For Respondents : Mr.D.Jebaraj 1/4

ORDER

This writ petition has been filed seeking a direction to the respondents to disburse the petitioner's 123 days amount for Medical Leave along with 6 percent interest on the basis of VII Pay Commission.

2. Heard the learned counsel on either side.

3. When the matter is taken up for hearing, the learned counsel appearing for the petitioner submits that though the aforesaid relief has been sought for by the petitioner, now, he confines the prayer that it would suffice if the representation submitted by the petitioner dated 27.05.2024 is disposed of in accordance with law.

4. 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, nonconsideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its 2/4

extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.

5. In view of the above, this Court directs the respondents to consider the representation submitted by the petitioner dated 27.05.2024 on its own merits and pass appropriate orders, in accordance with law, within a period of two months 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 respondents to consider the same on its own merits.

6. With the above observations and directions, the Writ Petition stands disposed of. There shall be no order as to costs. 08.07.2025 NCC : Yes/No Index : Yes / No sm 3/4

VIVEK KUMAR SINGH, J.

sm TO:-

1. The Managing Director, Tamil Nadu State Transport Corporation (Tvl) Ltd., 23/2, Thoothukudi Road, Kattabomman Nagar, Tirunelveli District - 627 007.

2. The General Manager, Tamil Nadu State Transport Corporation (Tvl) Ltd., Tirunelveli Region, Tirunelveli District - 627 007.

Order made in W.P.(MD)No.18257 of 2025 Dated:

08.07.2025 4/4