Madras High Court

T.Muruganantham vs Tamil Nadu State Transport on 3 August, 2021

                                                                                     W.P(MD)No.20484 of 2021


                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   Reserved on : 25.11.2021

                                                  Pronounced on : 28.06.2022

                                                           CORAM:

                                    THE HONOURABLE MR.JUSTICE B.PUGALENDHI

                                                  W.P(MD)No.20484 of 2021

                     T.Muruganantham                                              ... Petitioner

                                                             versus

                     1. Tamil Nadu State Transport
                           Corporation Ltd.,
                        Rep. by its Managing Director,
                        Madurai Division, Bye Pass Road,
                        Madurai – 625 016.

                     2. The General Manager,
                        Tamil Nadu State Transport
                           Corporation Ltd.,
                        Madurai Region, Bye Pass Road,
                        Madurai – 625 016.                                        ... Respondents

                                  Writ Petition filed under Article 226 of the Constitution of India,
                     seeking for the issuance of Writ of Mandamus, to direct the respondents to
                     pay the service surrender leave salary amount of Rs.60,983/- payable to the
                     petitioner for the period from 2010 to 2015, together with 6% interest from
                     the date of his retirement, i.e.31.05.2015 till the date of payment and all
                     other attendant benefits to him,within the stipulated period.


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https://www.mhc.tn.gov.in/judis
                                                                                      W.P(MD)No.20484 of 2021




                                        For Petitioner    : Mr.A.R.Thangavelu
                                        For Respondents : Mr.J.Senthil Kumaraiah
                                                          Standing Counsel

                                                            ORDER

By consent of both parties, this writ petition is taken up for final

disposal at the stage of admission itself.

2. The petitioner, who is the retired employee of the Transport

Corporation, has not been paid with the surrender leave salary for the period

from 2010 to 2015. Till now, he has not been paid with the surrender leave

salary amount and therefore, he is claiming interest at the rate of 6% p.a.

from the date of his retirement i.e. 31.05.2015 till the date of payment.

Though he made a representation dated 03.08.2021 in this regard, the same

is still pending. Hence, he filed the present writ petition seeking for

direction in that regard.

3. The petitioner would submit that if the said representation is

directed to be disposed of within stipulated time, the ends of justice could

be secured.

https://www.mhc.tn.gov.in/judis W.P(MD)No.20484 of 2021

4. Whenever a representation is made to a statutory authority to

redress the claim of the employee, there is a duty cast upon the authorities 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.

5. An identical issue with regard to the surrender leave salary came

up for consideration before the Division Bench of this Court in W.A(MD)

No.210 of 2019 and the Hon'ble Division Bench by judgment dated

04.09.2019 had upheld the view of the learned Single Judge against which

the writ appeal came to be filed and also rejected the Corporation plea that

the employee had not claimed the encashment of the surrender leave within

the stipulated time. The relevant portion of the said order reads as follows:-

“2. This appeal is filed by the Tamil Nadu State Transport Corporation, Kumbakonam Division. The respondent filed W.P(MD).No.2449 of 2018 praying for a

https://www.mhc.tn.gov.in/judis W.P(MD)No.20484 of 2021

Writ of Certiorarified Mandamus to quash the order dated 21.12.2017 and direct the appellants to settle the petitioner's surrender leave salary. The appellant Corporation resisted the claim by contending that even though as per the settlement entered into under Section 12(3) of the Industrial Dispute Act, the employee is entitled for surrendering and encashing 15 days in one year or 30 days in two years, the same has not been done by the writ petitioner during his service during 2011-2014 and after superannuation only in the year 2016, he has made a claim of surrender of earn leave, based on the circular issued by the appellant Corporation, dated 09.01.2017. Further, it is submitted that the circular is not meant for enabling the retired employees to renew their claim of surrendering their earned leave of 15 days in a year during the service i.e., between 2011-2014 and it is applicable only for existing employees. Therefore, it is submitted that the respondent/writ petitioner cannot lay his claim based upon the circular, dated 09.01.2017.

                                        3.The       learned    counsel    appearing      for      the
                                  respondent/writ     petitioner   submitted    that   though     the

petitioner superannuated on 31.05.2016, from the year 2011 onwards, the said practice of surrendering 15 days or 50% of the earn leave per year was done away by the appellants Corporation on account of financial crises. Further, the action based on the settlement entered into under Section

https://www.mhc.tn.gov.in/judis W.P(MD)No.20484 of 2021

12(3) of the Act was not available to the respondent/writ petitioner, because the appellants Transport Corporation is citing financial crisis. The learned Single Judge took into consideration the facts placed before him and also noted the circular dated 09.01.2017 and taking note of the fact that there is record to show that the appellants transport corporation pleaded financial crises for non-settling the surrender leave salary, allowed the writ petition.

4.While doing so, the Writ Court referred to an earlier order in the case of A.Sundararajan Vs., Tamil Nadu State of Transport Corporation (Kumbakonam Limited) [W.P(MD).No.24245 of 2016 etc batch], wherein similar relief sought for has been granted and the writ petitions were allowed and the appellants Transport Corporation was directed to implement the same. Thus in our considered view, the learned Single Judge has rightly gone into the factual position and took note of stand of the appellants corporation as to why earlier they did not permit surrender and allowed the writ petition. Therefore, we find that the appellants have not made out any ground to interfere with the order passed by the learned Single Judge.”

6. In the light of the above, this Court is of the view that the petitioner

would be entitled to claim salary for the surrender leave.

https://www.mhc.tn.gov.in/judis W.P(MD)No.20484 of 2021

7. For the forgoing reasons, although the petitioner has made a

representation dated 03.08.2021, the petitioner is directed to make a fresh

representation, enclosing a copy of this order, seeking for settlement of his

surrender leave salary and on receipt of the such representation, the

respondents herein shall consider the same and disburse the eligible leave

salary through four equal monthly installments in the light of the aforesaid

Division Bench Judgment. The respondents shall ensure that the first

installment is disbursed at least within a period of four weeks from the date

of receipt of fresh representation along with a copy of this order.