Karuppasamy .S v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.08.2022
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.19699 of 2022 S.Karuppasamy ... Petitioner /vs./ 1.The Managing Director, Tamil Nadu State Transport Corporaiton (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: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to issue the salary to the petitioner for the period of 643 days as per the Section 47 of the Persons with Disabilities (equal opportunities, protection of rights and full participation) Act, 1995.
For Petitioner : Mr.K.Gokul For Respondents : Mr.D.Jebaraj 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 25.10.2021 seeking to pay the salary to the petitioner for the period of 643 days. 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. 2/4
4.In the light of the above observations, there shall be a direction to the second respondent herein to consider the petitioner's representation, dated 25.10.2021 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. 25.08.2022 Index : Yes / No Internet : Yes / No Rmk To 1.The Managing Director, Tamil Nadu State Transport Corporaiton (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.
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M.S.RAMESH, J.
Rmk Order made in W.P.(MD) No.19699 of 2022 25.08.2022 4/4