Arumugam S v. The Tamil Nadu State Transport

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.08.2022

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH S.Arumugam ... Petitioner Vs.

1.The Tamil Nadu State Transport Corporation (Thirunelveli) Ltd., Represented by its Managing Director, Tirunelveli.

2.The General Manager, The Tamil Nadu State Transport Corporation (Thirunelveli) Ltd., Tirunelveli Region, Tirunelveli.

3.The Administrator, The Tamil Nadu Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 02.

... Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondents to revise the petitioner's basic pay and monthly pension as per the entry made by them in his Service Record book and consequently pay him the difference in terminal benefits 1/4

including difference in pension and other retiral benefits payable with interest at the rate of 6% per annum from the date of his retirement to till the date of settlement, within the time that may be stipulated by this Court. For Petitioner : Mr.A.Rahul For Respondents : Mr.D.Jebaraj for R1 and R2 Standing Counsel

O R D E R

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 06.12.2021 seeking to consider the petitioner's name for the post of Special Sub Inspector of Police. 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. 2/4

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 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 2 and 3 herein to consider the petitioner's representation dated 06.12.2021 on its own merits and pass appropriate orders in accordance with law, within a period of eight (8) 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. Consequently, connected miscellaneous petition is closed. 24.08.2022 Index : Yes / No Speaking Order/ Non Speaking Order TM 3/4

M.S.RAMESH,J.

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