Paramasivan R v. The General Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.19709 of 2025 R.Paramasivan ... Petitioner -vs1. The General Manager, Tamil Nadu State Transport Corporation, Tirunelveli Division, Tirunelveli.

2. The State Commissioner for Persons with Disabilities, Lady Wellington College Campus, Kamarajar Salai, Chennai - 600 005.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 1st respondent to pay salary, grade pay, bonus etc., of Rs.5,94,217/- for the period 01.12.2010 to 05.12.2011, arrears of revised pension fixation of Rs.1,01,866/-, arrears of gratuity for the increased qualifying service from 25 years to 28 years so as to fully enforce and to comply with the final recommendations made by 2nd respondent vide File No.275/LO/2021, dated 17.11.2022 in letter and spirit within stipulated time.

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For Petitioner : Mr.M.Sathiamoorthy For Respondents : Mr.K.Ramaiah TNSTC Standing Counsel

ORDER

This writ petition has been filed seeking a direction to the first respondent to pay salary, grade pay, bonus of Rs.5,94,217/-for the period from 01.12.2010 to 05.12.2011, arrears of revised pension fixation of Rs.1,01,866/-, arrears of gratuity for the increased qualifying service from 25 years to 28 years so as to fully enforce and to comply with the final recommendation made by 2nd respondent vide File No.275/LO/2021, dated 17.11.2022.

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

3. When the matter is taken up for hearing, the learned counsel appearing for the petitioner submits that though the aforesaid relief has been 2/6

sought for by the petitioner, now, he confines the prayer that it would suffice if the representation submitted by the petitioner dated 12.12.2024 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 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 first respondent to consider the representation submitted by the petitioner dated 12.12.2024, 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.

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6. With the above observations and directions, the Writ Petition stands disposed of. There shall be no order as to costs. 21.07.2025 NCC : Yes/No Index : Yes / No sm 4/6

TO:-

1. The General Manager, Tamil Nadu State Transport Corporation, Tirunelveli Division, Tirunelveli.

2. The State Commissioner for Persons with Disabilities, Lady Wellington College Campus, Kamarajar Salai, Chennai - 600 005.

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VIVEK KUMAR SINGH, J.

sm Order made in W.P.(MD)No.19709 of 2025 Dated:

21.07.2025 6/6