Case Note & Summary
The petitioner, an employee of the Tamil Nadu State Transport Corporation (KMB) Ltd., approached the Madurai Bench of Madras High Court by way of a writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus. The grievance pertained to the non-payment of salary for the months of February, March, and the first fifteen days of April 2022, along with interest at 6% per annum. The petitioner had submitted a representation to the respondent authorities on 09.11.2024, requesting the release of the outstanding dues. When no favourable response was forthcoming, he instituted the present proceedings. The respondents were the Managing Director and General Manager of the Transport Corporation. The court heard the counsel for both sides and perused the materials on record. The petitioner's counsel, Mr. K. Gokul, pressed for a direction for payment. The standing counsel for the respondents, Mr. K. Jegadeesh Balan, appeared but no substantive counter was recorded. The court, after noting the limited nature of the relief sought, took the view that it would be appropriate, in the interest of justice, to dispose of the petition without going into the merits. Accordingly, the court directed the respondents to consider the petitioner's representation dated 09.11.2024 in accordance with law and to pass appropriate orders within four weeks from the date of receipt of a copy of the order. No order as to costs was made. The court thus refrained from adjudicating on the factual entitlement to the salary claim, instead ensuring that the administrative authority would examine and decide the representation within a fixed timeframe.
Headnote
A) Service Law - Writ of Mandamus - Consideration of Representation - Constitution of India, 1950, Article 226 - The petitioner, an employee of Tamil Nadu State Transport Corporation, sought a writ of mandamus for disbursal of salary for February, March and 15 days of April 2022 with interest. The Court, without going into merits, directed the respondents to consider the petitioner's representation dated 09.11.2024 in accordance with law within four weeks. Held, the writ petition is disposed of with a direction to consider the representation. (Paras 2-4).
Issue of Consideration
Whether a writ of mandamus can be issued directing the employer to consider the employee's representation for unpaid salary.
Final Decision
The writ petition is disposed of with a direction to the respondents to consider the petitioner's representation dated 09.11.2024 in accordance with law within a period of four weeks from the date of receipt of a copy of the order. No order as to costs.
Law Points
- Writ of mandamus under Article 226 can be issued to direct consideration of representation without going into merits
- limited relief can be granted to meet ends of justice.
