State Transport Corporation Citu v. The State Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD) No.22520 of 2025 State Transport Corporation CITU, Retired Employees Welfare Society, Represented by its General Secretary, R.Vasudevan, S/o Ramamoorthy, V.P.Sinthan Memorial Building, V.O.C.2nd Street, Arul Nagar, Bye Pass Road, Madurai.

: Petitioner Vs.

1. The State Secretary, Transport Department , Tamil Nadu Government, Secretariat, St.George Fort, Chennai.

2. The Administrator, Tamil Nadu Stat Transport Employees Corporation Pension Fund Trust, Thiruvalluvarillam, Pallavan Salai, Chennai - 600 002.

3. The Managing Director, Tamilnadu State Transport Corporation (Madurai) Ltd., Madurai Region, By Pass Road, Madurai.

: Respondents 1/6

P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to revise and implement the minimum family pension at Rs.7850/ and maximum at Rs.1,12,500/- with effect from 01.10.2017 in parity with Government Employees, and to pay all arrears based on petitioner's representation dated 02.06.2025 within a time frame as may be fixed by this Court.

For Petitioner : Mr.G.M.Xavier For Respondents : Mr.S.R.A.Ramachandran (R1) Additional Government Pleader Mr.S.C.Herold Singh (R2 & R3)

ORDER

This writ petition has been filed seeking a direction to the respondents to revise and implement the minimum family pension at Rs.7850/- and maximum at Rs.1,12,500/- with effect from 01.10.2017 in parity with the Government Employees and to pay all arrears based on petitioner's representation dated 02.06.2025 within a time frame as fixed by this Court.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

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3. The petitioner is the Retired Employees Welfare Society of the respondent Corporation and the petitioner, seeking to revise and implement the minimum family pension for the pensioners / family pensioners of the respondent Corporation at Rs.7850/- and maximum at Rs.1,12,500/- with effect from 01.10.2017, on par with the Government Employees and also to pay all arrears, made a representation to the respondents dated 02.06.2025. Since the said representation was not considered till date, 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, non-consideration 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 third respondent to consider the petitioner's representation dated 3/6

02.06.2025, on its own merits and pass appropriate orders in accordance with law, within a period of six 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. 19.08.2025 Index : Yes / No NCC : Yes / No Sm 4/6

To:-

1. The State Secretary, Transport Department , Tamil Nadu Government, Secretariat, St.George Fort, Chennai.

2. The Managing Director, Tamilnadu State Transport Corporation (Madurai) Ltd., Madurai Region, By Pass Road, Madurai.

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M.DHANDAPANI, J.

Sm W.P.(MD) No.22520 of 2025 19.08.2025 6/6