Madras High Court
G.Prema vs The Managing Director on 6 July, 2021
W.P(MD)No.11123 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.07.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
W.P(MD)No.11123 of 2021
G.Prema ... Petitioner
vs.
1.The Managing Director,
The Tamil Nadu State Transport Corporation
(Kumbakonam) Limited,
27, New Railway Station Road,
Kumbakonam – 612 001, Thanjavur District.
2.The Financial Advisor,
The Tamil Nadu State Transport Corporation
(Kumbakonam) Limited,
27, New Railway Station Road,
Kumbakonam – 612 001,
Thanjavur District.
3.The Administrator,
TNSTC Employees Pension Trust,
SETC (TN) Limited, No.2, Pallavansalai,
Chennai – 600 002. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
for issuance of a Writ of Mandamus, to direct the respondents to settle
ERPS (Employees Retirement Pension Scheme) amount for the period
from 01.09.1992 to till the date on 31.12.2016 and surrender leave
salary for 252-1/2 days in respect of the years 2010-11 to 2018-19
1/8
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.11123 of 2021
together with interest at the rate of 6% per annum payable as per Court
direction, in one installment to the petitioner according to the last drawn
salary in the month of November, 2019 to the petitioner as per the
representation dated 07.05.2021.
For Petitioner : Mr.K.Gokul
For RR 1 & 2 : Mr.D.Sivaraman
Standing Counsel
ORDER
Mr.D.Sivaraman, learned Standing Counsel takes notice for the
respondents 1 and 2.
2.Since the petitioner, who is the retired employee of the Transport
Corporation, claims to have not been paid with the surrender leave
salary for 252-1/2 days and the retirement benefits ie., Employees
Retirement Pension Scheme amount with interest, the present writ
petition has been filed seeking for a direction in that regard.
3.The petitioner would submit that she has already made a
representation, dated 07.05.2021, in this regard, which is said to be
pending. 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.11123 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
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. 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:-
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.11123 of 2021
'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 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 12(3) of the Act was not available to the
respondent/writ petitioner, because the appellants Transport
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.11123 of 2021
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.
7.For all the forgoing reasons, although the petitioner has made a
representation dated 07.05.2021, the petitioner is directed to make a
fresh representation, enclosing a copy of this order, seeking for
settlement of her surrender leave salary and on receipt of the such
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.11123 of 2021
representation, the respondents herein shall consider the same and
disburse the eligible leave salary through four equated 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.
8.So far as non payment of ERPS (Employees Retirement Pension
Scheme) amount is concerned, the petitioner is directed to submit a
separate representation to the respondents along with a copy of this
order and the same shall be considered by the respondents within a
period of four weeks from the date of receipt of such representation. It is
needless to say that the petitioner is entitled to get interest for the
belated payment of terminal and pensionary benefits.
9.With the above directions, this Writ Petition stands disposed of.
No costs.
06.07.2021
Index : Yes / No
Internet : Yes / No
ps
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.11123 of 2021
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 Managing Director,
The Tamil Nadu State Transport Corporation
(Kumbakonam) Limited,
27, New Railway Station Road,
Kumbakonam – 612 001, Thanjavur District.
2.The Financial Advisor,
The Tamil Nadu State Transport Corporation
(Kumbakonam) Limited,
27, New Railway Station Road,
Kumbakonam – 612 001,
Thanjavur District.
3.The Administrator,
TNSTC Employees Pension Trust,
SETC (TN) Limited, No.2, Pallavansalai,
Chennai – 600 002.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.11123 of 2021
V.M.VELUMANI,J.
ps
W.P(MD)No.11123 of 2021
06.07.2021
https://www.mhc.tn.gov.in/judis/
