Madras High Court
T.G.Jawahar vs The Principal Secretary To ... on 26 February, 2021
W.P.(MD) No.3774 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH
W.P.(MD) No.3774 of 2021
T.G.Jawahar ...Petitioner
Vs.
1.The Principal Secretary to Government,
Transport Department and Chairman of
State Transport undertakings,
Secretariat, Fort St.George,
Chennai-09.
2.The Tamil Nadu State Transport
Corporation (Madurai) Ltd.,
Represented by its Managing Director,
Madurai. .. Respondents
PRAYER : Writ petition filed under Article 226 of the Constitution of
India to issue a writ of mandamus, directing the respondents to pay
petitioner's surrender leave salary for 105 days of Rs.1,14,192/- for the
years 2009-2016 together with interest at the rate of 18% per annum from
the date of retirement to till the date of disbursement within the time
stipulated by this Court.
For Petitioner : Mr.A.Rahul
For R-1 : Mr.V.P.M.Vaishnavi
Government Advocate
For R-2 : Mr.J.Senthilkumaraiah
Standing Counsel
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W.P.(MD) No.3774 of 2021
ORDER
This writ petition has been filed for issuance of Writ of Mandamus,
directing the respondents to pay petitioner's surrender leave salary for
105 days of Rs.1,14,192/- for the years 2009-2016 together with interest
at the rate of 18% per annum from the date of retirement to till the date of
disbursement within the time stipulated by this Court.
2.Heard Mr.A.Rahul, learned counsel appearing for the petitioner,
Mr.V.P.M.Vaishnavi, learned Government Advocate for the first
respondent and Mr.J.Senthilkumaraiah, learned Standing Counsel for
the second respondent.
3.By consent of both parties, this writ petition is taken up for final
disposal at the admission stage itself.
4.The grievance of the petitioner is that after his retirement, the
respondents have not settled the surrender leave salary and therefore, he
claims the disbursement of the same together with interest.
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W.P.(MD) No.3774 of 2021
5.The learned counsel for the petitioner, as well as the learned
Standing Counsel appearing for the second respondent, submitted that
the issue involved in the present writ petition is covered by various
orders of this Court, including the order, dated 13.12.2019, passed in the
case of S.Alagesan Vs. The Managing Director, Tamil Nadu State
Transport Corporation (Kumbakonam) Ltd., and another in W.P.
(MD).No.26487 of 2019. The relevant portion of the order reads as
follows:
“4. An identical issue 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 petition
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
Writ of Certiorarified Mandamus to quash
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W.P.(MD) No.3774 of 2021
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
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W.P.(MD) No.3774 of 2021
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
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
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W.P.(MD) No.3774 of 2021
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.'
5. In the light of the above, this
Court is of the view that the petitioner would
be entitled to claim salary for the surrendered
leave.”
6.In view of the aforesaid decision being in favour of the
petitioner, this Court is also of the view that the petitioner herein is
entitled to succeed in the present writ petition.
7.At this juncture, Mr.J.Senthilkumaraiah, learned Standing
Counsel appearing for the second respondent submitted that the Division
Bench of this Court as well as the learned Single Judges of this Court in
many cases have ordered for payment of earned leave salary, but have not
granted interest and therefore, he submitted that the interest need not be
paid for non surrender of earned leave.
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W.P.(MD) No.3774 of 2021
8.In all the decisions cited by the learned Standing Counsel, both
the Division Bench, as well as the learned Single Judges, there is no
discussion with regard to the non entitlement of the interest. Since there
is no dictum laid down in any of the decisions to the effect that the
employees will not be entitled for interest on belated payment of earned
leave, I am unable to accept these submissions made by the learned
Standing Counsel.
9.Accordingly, there shall be a direction to the second respondent
herein to settle the surrender leave salary for 105 days, in respect of the
years 2009-2016, together with interest at the rate of 6% per annum from
the date of retirement till the date of actual disbursement. The second
respondent shall be entitled to disburse the surrender leave salary in six
Equal Monthly Installments and the 1st Installment shall commence from
1st of March 2021.
10.This writ petition stands allowed accordingly. No costs.
26.02.2021
Index : Yes / No
Internet : Yes / No
cp
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W.P.(MD) No.3774 of 2021
M.S.RAMESH, J.
cp
NOTE: In view of the present lock down owing
to COVID-19 pandemic, a web copy of
the order may be utilized for official
purposes, but, ensuring that the copy of
the order that is presented is the
correct copy, shall be the responsibility
of the advocate/litigant concerned.
To
1.The Principal Secretary to Government,
Transport Department and Chairman of
State Transport undertakings,
Secretariat, Fort St.George,
Chennai-09.
2.The Managing Director,
Tamil Nadu State Transport
Corporation (Madurai) Ltd.,
Madurai.
W.P.(MD) No.3774 of 2021
26.02.2021
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