M.Rajan v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.25655 of 2024 M.Rajan ... Petitioner -vs1. The Managing Director, Tamil Nadu Transport Corporation, 23/2, Thoothukudi Road, Kattabomman Nagar, Tirunelveli - 627 001.

2. The General Manager, Tamil Nadu Transport Corporation, Nagercoil Zone, Nagercoil, Kanyakumari District - 629 001.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to update the petitioner's service records by entering the details of his prior employment as Driver cum Conductor under Daily Wages scheme and thereby grant the arrears of pay by considering his representations dated 18.06.2024 and 24.09.2024 within the time frame that may be stipulated by this Court. 1/6

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

ORDER

This writ petition has been filed seeking a direction to the 1st respondents to update the petitioner's service records by entering the details of his prior employment as 'Driver cum Conductor' under Daily Wages scheme and thereby grant the arrears of pay by considering his representations dated 18.06.2024 and 24.09.2024 within the time frame that may be stipulated by this Court.

2. Heard the learned counsel on either side.

3. The petitioner joined in the respondent service as 'Driver cum Conductor' at Nagercoil Branch under Daily Wages scheme on 18.09.2009 and on 17.02.2012, his service was regularised. Similarly placed persons as that of the petitioner were granted arrears of pay. However, the same has not been granted to the petitioner. Therefore, the petitioner made representations to the respondents dated 18.06.2024 and 24.09.2024. Since the said 2/6

representations were 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 24.09.2024, 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. 26.06.2025 NCC : Yes/No Index : Yes / No sm 4/6

TO:-

1. The Managing Director, Tamil Nadu Transport Corporation, 23/2, Thoothukudi Road, Kattabomman Nagar, Tirunelveli - 627 001.

2. The General Manager, Tamil Nadu Transport Corporation, Nagercoil Zone, Nagercoil, Kanyakumari District - 629 001.

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VIVEK KUMAR SINGH, J.

sm Order made in W.P.(MD)No.25655 of 2024 Dated:

26.06.2025 6/6