The court directed the respondent to consider the petitioner's 2018 representation regarding pensionary benefits and pass orders within eight weeks, citing the statutory duty to consider such representations and avoid indefinite pendency.
Direction to respondent to consider the petitioner's representation on merits and pass orders within eight weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.6340 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.06.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH
W.P.No.6340 of 2022
M.Ranganathan
... Petitioner
Vs
The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, 12, Ramakrishna Road, Salem-7. ... Respondent
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to consider the petitioner's representation dated 28.06.2018 to refix the pension considering the entire 33 years period of service and pay the same with arrears and pass appropriate orders within a time frame that may by fixed by this Court.
For Petitioner : Mr.J.Saravana Vel For Respondent : Mr.K.Rajan, Standing Counsel
W.P.No.6340 of 2022
ORDER
Heard Mr.J.Saravana Vel, learned counsel for the petitioner and Mr.K.Rajan, learned Standing Counsel for the respondent.
2.The petitioner herein had given a representation to the respondent on 25.06.2018 for pensionary retirement benefits. Since the said representation was not considered, the present writ petition has been filed.
3.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.
4.In the light of the above observations, there shall be a direction
W.P.No.6340 of 2022
to the respondent herein to consider the petitioner's representation dated 25.06.2018, on its own merits and pass appropriate orders in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.
5.It is made clear that this Court has not expressed any of its views with regard to the merits of the claim of the petitioner and that it is open to the respondent to consider the same on its own merits.
6.With the above direction, the Writ Petition stands disposed of. No costs. 07.06.2023 Index:Yes/No Speaking order/Non-speaking order vga To The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, 12, Ramakrishna Road, Salem-7.
3/4
W.P.No.6340 of 2022
M.S.RAMESH,J.
vga
W.P.No.6340 of 2022
07.06.2023
2 issues framed by the court
Whether the High Court should direct the respondent to consider the petitioner's unconsidered representation regarding pensionary benefits.
Whether non-consideration of a representation by a statutory authority amounts to dereliction of duty justifying writ intervention.
1 provisions across 1 enactments
M. Ranganathan
The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited
M.S. Ramesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
