S.Balagopal, v. The Managing Director,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.18832 of 2025 S.Balagopal ... Petitioner -vs1. The Managing Director, Tamilnadu State Transport Corpn,., (Kmb) Ltd., New Railway Station Road, Kumbakonam 612 001.

2. The General Manager, Tamilnadu State Transport Corpn,., (Kmb) Ltd., Pudukottai Region, Thirumayam Road, Pillai Thanneer Panthal, Pudukkottai.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to disburse the difference amount of Gratuity along with interest at the rate 6 percent on the base of the petitioner's representation dated 17.04.2025. For Petitioner : Mr.K.Gokul For Respondents : Mr.K.Ramaiah TNSTC Standing Counsel 1/4

ORDER

This writ petition has been filed seeking a direction to the respondents to disburse the difference amount of Gratuity along with interest at the rate 6 percent on the basis of the petitioner's representation dated 17.04.2025.

2. By consent of both parties, this writ petition is disposed at the stage of admission itself.

3. The petitioner was appointed as a 'Tradesman' in the respondent Corporation on 17.04.1980. After completing 31 years of service, the petitioner retired from service as 'Special Grade Tradesman' on 31.03.2013. The respondent has only taken the period from 01.05.1982 to 31.03.2013 for the retirement benefits of the petitioner. However, the training period from 17.04.1980 to 01.05.1982 has not been taken into account. Hence, the petitioner made a representation to the respondents dated 17.04.2025. Since the said representation was not considered, the petitioner has filed the present Writ Petition.

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 2/4

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 the Constitution of India and direct them to consider the same within a stipulated time.

5. In the light of the above observations, there shall be a direction to the first respondent to consider the petitioner's representations dated 17.04.2025, 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. 11.07.2025 NCC : Yes/No Index : Yes / No sm 3/4

VIVEK KUMAR SINGH, J.

sm TO:-

1. The Managing Director, Tamilnadu State Transport Corpn,., (Kmb) Ltd., New Railway Station Road, Kumbakonam 612 001.

Order made in W.P.(MD)No.18832 of 2025 Dated:

11.07.2025 4/4