Case Note & Summary
The writ petition was filed before the Madurai Bench of Madras High Court under Article 226 of the Constitution of India, seeking a writ of mandamus directing the respondents, the Tamil Nadu State Transport Corporation (KMB) Ltd., to consider the petitioner's representation dated 31.07.2024 and re-fix his retirement benefits by counting his probationary period. The petitioner, a former employee of the Corporation, was aggrieved that his one-year service during probation was not taken into account while computing his pension and other retirement dues. He submitted a representation to the respondents on 31.07.2024, which remained unaddressed. The petitioner, represented by advocate Mr. K. Gokul, prayed for a direction to the respondents to calculate his years of service from the date of joining as probationer to the date of retirement and to re-fix his retirement benefits including pension with 6% interest. The respondents, represented by standing counsel Mr. K. Jegadeesh Balan, did not file any counter-affidavit and the court proceeded on the basis of the limited relief sought. The court observed that the grievance was confined to the non-consideration of the representation and that it was appropriate to dispose of the writ petition without going into the merits. Accordingly, the court directed the respondents to consider the petitioner's representation dated 31.07.2024 and pass appropriate orders on merits and in accordance with law within eight weeks from the date of receipt of a copy of the order. The court also clarified that if the petitioner was aggrieved by the subsequent order, he could work out his remedy in accordance with law. No costs were awarded. The decision was rendered by Justice Battu Devanand on 12.02.2025.
Headnote
A) Service Law - Pension and Retirement Benefits - Counting of Probationary Service - Constitution of India, Article 226 - The petitioner sought a writ of mandamus directing the respondents to consider his representation to include one year probationary service for computation of retirement benefits and pension. The court disposed of the petition without going into the merits, holding that it was appropriate to direct the respondents to consider the representation and pass appropriate orders in accordance with law within eight weeks (Paras 2-4).
Issue of Consideration
Whether the respondents' failure to consider the petitioner's representation regarding non-inclusion of probationary service in retirement benefits warrants a writ of mandamus.
Final Decision
The writ petition is disposed of with a direction to the respondents to consider the petitioner's representation dated 31.07.2024 and pass appropriate orders on merits and in accordance with law within eight weeks from the date of receipt of a copy of this order. No costs.
Law Points
- writ of mandamus
- consideration of representation
- retirement benefits
- probationary service
- no adjudication on merits
- Article 226 of Constitution of India
