D.Rajakili v. The Chief Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.19322 of 2025 D.Rajakili ... Petitioner -vsThe Chief Manager, Tamil Nadu Grama Bank, Pension Section, HRM Department, No.6, Yercard Road, Hasthampatti, Selam - 636 001.

... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondent to sanction monthly pension and computer increment to pay the arrears with interest of 6 percent per annum by Dispose petitioner's representation dated 27.03.2025. For Petitioner : Mr.D.Selvanayagm For Respondent : Mr.N.Dilipkumar 1/6

ORDER

This writ petition has been filed seeking a direction to the respondent to sanction monthly pension and also seeking increment and the arrears with interest of 6 percent per annum by disposing of the petitioner's representation dated 27.03.2025.

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

3. The petitioner's husband, namely, S.Dharmaraj, was appointed to the post of 'Clerk' on 04.06.1977 and he was promoted to the post of 'Manager' in Pandian Grama Bank. During his service, he was imposed with the punishment of removal of service. Challenging the same, the petitioner filed a statutory appeal, which was also dismissed. Both the orders were challenged before this Court in WP.No.11041 of 1997 and the said case was also dismissed vide order dated 29.01.2007. The petitioner's husband died on 17.02.2017 and only thereafter, his retirement benefits including EPF amount, Gratuity have been granted. The petitioner was also receiving EPF monthly pension from the year 2014. Under these circumstances, the Pandian Grama 2/6

Bank as well as the Pallavan Bank was amalgamated in the name and style of 'Tamil Nadu Grama Bank' and hence, its employees are covered under the new pension scheme, namely, Tamil Nadu Grama Bank Employees' Pension Regulation, 2018 and the Tamil Nadu Grama Bank Employees' pension amended Regulation, 2024. The petitioner also opted to become a member of the said scheme and submitted an application dated 21.10.2024. After receipt of the same, the family pension has not been paid till date. The petitioner also made a representation to the respondent dated 27.03.2025. 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 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. 3/6

5. In the light of the above observations, there shall be a direction to the respondent to consider the petitioner's application dated 21.10.2024 and the representation dated 27.03.2025, on its own merits and pass appropriate orders in accordance with law, within a period of eight weeks 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. 16.07.2025 NCC : Yes/No Index : Yes / No sm 4/6

TO:- The Chief Manager, Tamil Nadu Grama Bank, Pension Section, HRM Department, No.6, Yercard Road, Hasthampatti, Selam - 636 001.

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VIVEK KUMAR SINGH, J.

sm Order made in W.P.(MD)No.19322 of 2025 Dated:

16.07.2025 6/6