Thangavelu.S v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.19518 of 2025 S.Thangavelu ... Petitioner -vs1. The Managing Director, Tamilnadu State Transport Corporation (Kovai) Limited, No.37, Mettupalayam Road, Coimbatore - 641 043.

2. The General Manager, Tamilnadu State Transport Corporation (Kovai) Limited, Erode Region, Chennimalai Road, Erode - 1.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to implement the yearly annual increment from 28.02.2023 as per G.O.Ms. No. 148, Personnel and Administrative Reforms (FR-II) Department, dated 31.10.2018, and to disburse the difference arrears amount of yearly annual increment, terminal benefits, pension arrears along with 6 percent interest and to revise the pension of the petitioner from 28.02.2023, on the basis of the petitioners representation dated 17.08.2024, within the time frame fixed by this Court. 1/6

For Petitioner : Mr.S.Prasanth For Respondents : Mr.K.Ramaiah TNSTC Standing Counsel

ORDER

This writ petition has been filed seeking a direction to the respondents to implement the yearly annual increment from 28.02.2023 as per G.O.Ms. No. 148, Personnel and Administrative Reforms (FR-II) Department, dated 31.10.2018, and to disburse the difference arrears amount of yearly annual increment, terminal benefits, pension arrears along with 6 percent interest and to revise the pension of the petitioner from 28.02.2023, on the basis of the petitioner's representation dated 17.08.2024, within the time frame fixed by this Court.

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

3. The petitioner was appointed as 'Junior Tradesman' in the respondent Corporation on 20.09.1988 and he retired from service as 'Senior Tradesman' on 28.02.2023. According to the petitioner, he is entitled to get increment from 28.02.2023 and accordingly, the amount of the consequential 2/6

retirement benefits will get increased. Hence, the petitioner made a representation to the respondents dated 17.08.2024. 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.

5. In the light of the above observations, there shall be a direction to the first respondent to consider the petitioner's representation dated 17.08.2024, on its own merits and pass appropriate orders in accordance with law, and also as per the G.O.Ms. No. 148, Personnel and Administrative Reforms (FRII) Department, dated 31.10.2018, 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 3/6

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. 17.07.2025 NCC : Yes/No Index : Yes / No sm 4/6

TO:-

1. The Managing Director, Tamilnadu State Transport Corporation (Kovai) Limited, No.37, Mettupalayam Road, Coimbatore - 641 043.

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VIVEK KUMAR SINGH, J.

sm Order made in W.P.(MD)No.19518 of 2025 Dated:

17.07.2025 6/6