R.Manohar v. The Management Of Tamilnadu State Transport Corporation(Mdu) Ltd.,

W.P.(MD) No.26150 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.26150 of 2019 R.Manohar ... Petitioner /vs./ The Management of Tamil Nadu State Transport Corporation (Madurai) Ltd, Madurai Region, rep., by its Managing Director, Madurai.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondent to pay the petitioner arrears of wages payable for the period from the month of January 2018 to March 2018 together with 18% interest P.a., after correctly arriving at the monthly wages by taking into account the enhanced rate of dearness allowance as ordered/fixed for the period from 01.01.2018 to 30.06.2018 in G.O.Ms.No.123 dated 11.04.2018, Finance (Allowance) Department and also to revise his terminal benefits, namely gratuity and encashment of earned leaves based on such wages payable to him on the month of his retirement ie., March 2018 and accordingly, to pay him balance/arrears of gratuity and encashment of earned leave days, together with 18% interest p.a within a time frame as may be fixed by this Court.

For Petitioner : Mr.S.Arunachalam For Respondent : Mr.J.Senthil Kumaraiah Standing Counsel

ORDER

Though the petitioner has sought for issuance of writ of mandamus to direct the respondent to pay the petitioner arrears of wages payable for the period from the month of January 2018 to March 2018 together with 18% interest P.a., in my view, such a decision is to be taken by the respondent and in case, the petitioner is aggrieved against such any decision, it would be appropriate to approach this Court.

2.The petitioner would submit that she has already made representation on 04.11.2019 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.26150 of 2019 3.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. 4.In view of the above observations, there shall be a direction to the respondent herein to consider the petitioner's representation, dated 04.11.2019, based on G.O.Ms.No.123 dated 11.04.

2018, Finance (Allowance) Department, on its own merits and pass appropriate orders within a period of eight (8) 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 respondent to consider it in accordance with law. 5.With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) rmk +1 CC to MR.J.SENTHIL KUMARAIAH, Advocate ( SR-832[F] dated 08/01/2020 ) Order made in W.P.(MD)No.26150 of 2019 Dated:

07.01.2020 KM/(27.01.2020) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2