The Court directed the second respondent to consider the petitioner's representation regarding 100% pension and retirement benefits within four weeks, holding that non-consideration constitutes a dereliction of duty.
Directed the 2nd respondent to consider the petitioner's representation dated 14.10.2020 and pass appropriate orders within four weeks.
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W.P.(MD).No.10080 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.06.2024
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD).No.10080 of 2021
B.Ulaganathan
... Petitioner
Vs.
1.The General Manager, The Tamil Nadu State Transport, Corporation (Madurai) Ltd., Dindigul Region, Bye-pass Road, Dindigul.
2.The Trustee, Tamil Nadu State Transport Corporation Pension Trust, Bye-pass Road, Madurai. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 2nd respondent to pay him all the retirement benefits as well as 100% pension payable to him within a time frame stipulated by this Court.
W.P.(MD).No.10080 of 2021
For Petitioner : Mr.G.M.Xavier For Respondents : Mr.S.C.Herold Singh, Standing Counsel
ORDER
The prayer of the writ petition is as follows:
To direct the 2nd respondent to pay all the retirement benefits as well as
100% pension payable to him within a time frame stipulated by this Court.
The petitioner joined the services of the 1 st respondent corporation as Driver with effect from 03.06.1996. On attaining the age of superannuation, he was allowed to retire from service with effect from 31.03.2020 while he was serving as Special Grade Driver at Dindigul -I Branch. Despite the pendency of
W.P.(MD).No.10080 of 2021
the Industrial Dispute in I.D.No.29 of 2019 before the learned Labour Court, Trichy, the petitioner has been allowed to retire from service, vide order, dated 30.10.2020, with effect from 31.03.2020. Thereafter, the petitioner succeeded in the said I.D.No.29 of 2019. However, the 1 st respondent paid 75% pension alone due to the pendency of the said I.D.No.29 of 2019. Hence, the petitioner made a representation dated 14.10.2020 to the 2 nd respondent requesting to pay 100% pension and all the retirement benefits payable to the petitioner. Since the same was considered, the present writ petition came to be filed.
is made to a Statutory Authority, 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. 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 Constitution of India and direct them to consider the same within a stipulated time.
W.P.(MD).No.10080 of 2021
shall be no order as to costs.
05.06.2024
NCC : Yes / No Index : Yes / No Internet : Yes Sml
To
1.The General Manager, The Tamil Nadu State Transport, Corporation (Madurai) Ltd., Dindigul Region, Bye-pass Road, Dindigul.
2.The Trustee, Tamil Nadu State Transport Corporation Pension Trust, Bye-pass Road, Madurai.
W.P.(MD).No.10080 of 2021
L.VICTORIA GOWRI, J.
Sml
W.P.(MD).No.10080 of 2021
05.06.2024
1 issue framed by the court
Whether the High Court should direct the petitioner's representation to be considered on merits within a stipulated time.
1 provisions across 1 enactments
B. Ulaganathan
The General Manager, The Tamil Nadu State Transport, Corporation (Madurai) Ltd.
The Trustee, Tamil Nadu State Transport Corporation Pension Trust
L Victoria Gowri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
