K.Sundaram v. The Management Of State Express Transport Corporation (Tn) Ltd.,
W.P.(MD) No.26139 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.12.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.26139 of 2019 K.Sundaram ... Petitioner /vs./ 1.The Management of State Express Transport Corporation (Tamil Nadu) Limited, rep., by its Managing Director, Pallavan Salai, Chennai-2.
2.The General Manager, State Express Transport Corporation (Tamil Nadu) Limited, Pallavan Salai, Chennai-2.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, to direct the respondents to issue free bus pass to the petitioner and his wife S.Jeyalakshmi to travel in the buses of State Transport Undertakings of Government of Tamil Nadu as agreed in the Clause 11 of the Settlement signed under Section 12(3) of the I.D Act dated 22.01.2011 within a time frame that may be fixed by this Court.
For Petitioner : Mr.A.Rahul For Respondents : Mr.K.Sathiya Singh Standing Counsel
ORDER
By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.
2. Though the petitioner has sought for issuance of Writ of Mandamus to the respondents to issue free bus pass to the petitioner and his wife S.Jeyalakshmi to travel in the buses of State Transport, in my view, such a decision is to be taken by the respondents and in case, the petitioner is aggrieved against such any decision, it would be appropriate to approach this Court.
3. The petitioner would submit that he has already made representation on 06.09.2019 in this regard, which is said to be pending. If the said representation is directed to be disposed of within stipulated time, the ends of justice could be secured. https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD) No.26139 of 2019
4. Whenever a representation is made to a statutory authority to redress the claim of the employee, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. Such an inaction would amount to dereliction of duties and thereby this Court would be justified in invoking its extraordinary powers under Article 226 of Constitution of India and thereby direct such authority to consider the representation within the stipulated time.
5. In view of the above observations, there shall be a direction to the respondents herein to consider the petitioner's representation, dated 06.09.2019, on its own merits and pass appropriate orders within a period of four (4) weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its view with regard to the claim made by the petitioner in his representation and it is for the respondents to consider it in accordance with law.
6. With the above directions, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar() // True Copy // Sub Assistant Registrar(CS) rmk +1 CC to M/s.K.SATHIYA SINGH, Advocate ( SR-104009[F] dated 09/12/2019 ) +1 CC to M/s.A.RAHUL, Advocate ( SR-104087[F] dated 09/12/2019 ) Order made in W.P.(MD)No.26139 of 2019 Dated: 09.12.2019 NR(CO) TR(11.12.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2