Madras High Court
The General Manager vs K.Sakthi Mupudathi on 7 June, 2021
W.A.(MD)No.1081 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.1081 of 2021
and
C.M.P.(MD)No.4797 of 2021
1.The General Manager,
Tamil Nadu State Transport Corporation
(Madurai) Limited,
Virudhunagar Region,
Virudhunagar.
2.The Managing Director,
Tamil Nadu State Transport Coporation
(Madurai) Limited,
Madurai. : Appellant/Respondents 1 & 2
Vs.
K.Sakthi Mupudathi : Respondent/Petitioner
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent,
praying to set aside the order dated 22.12.2017 in W.P.(MD)No.13832 of
2014 on the file of this Court.
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W.A.(MD)No.1081 of 2021
For Appellants : Mr.J.Senthil Kumaraih
For Respondent : Mr.V.Sasi Kumar
JUDGMENT
***************
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]
We have heard Mr.J.Senthil Kumaraih, learned Counsel
appearing for the appellants and Mr.V.Sasi Kumar, learned Counsel
appearing for the respondent.
2.This Writ Appeal by the General Manager and the Managing
Director, Tamil Nadu State Transport Corporation, Madurai Limited is
directed against the order, dated 22.12.2017 passed in W.P(MD)No.13832
of 2014.
3.The first respondent filed the Writ Petition to quash the order
passed by the first appellant, dated 15.07.2014 and to direct the first
appellant to sanction medical leave, earned leave and bonus for the
period from 02.06.2001 to 17.12.2008. The Writ Petition was allowed
applying the decision of the Honourable Supreme Court in Kumal Singh
Vs. Union of India reported in 2003 (4) SCC 524.
4.The appellant department is before us by contending that the
medical leave, earned leave and bonus will not come under the purview of
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W.A.(MD)No.1081 of 2021
service benefits and sofar as the first respondent is concerned, the
Transport Corporation has settled the backwages to the tune of
Rs.8,15,497/- for the period of the first appellant's non-employment from
02.06.2001 to 17.12.2008.
5.Further, it is contended that the Transport Corporation
employees are not eligible to encashment of medical leave on or after
01.09.1998 and sofar as earned leave is concerned, every employee has
to surrender 240 days earned leave for encashment before the Transport
Corporation and in the case on hand, the first respondent/employee was
out of service from 02.06.2001 to 07.12.2008 and not entitled to the
earned leave. Further, it is contended that in terms of the provisions of
the Persons with Disabilities (Equal Opportunities Protection of Rights
and Full Participation) Act, 1995, the appellant Corporation has settled all
the benefits. Though the above grounds have been raised, the learned
counsel for the appellant submitted that since the first respondent filed
Contempt Petition in Cont.P(MD)No.114 of 2019, under the fear of
contempt, the appellant/Corporation has complied with the order.
6.In the light of the contentions which have been raised before
us, we are of the view that the legal issue can be left open to be decided
in any other case which may arise and we dispose of this Writ Appeal with
the observation that since the first respondent/writ petitioner has
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W.A.(MD)No.1081 of 2021
received the entire financial benefits, the direction issued by the learned
Writ Court cannot be interfered with. However, the legal issue which is
raised in this Writ Appeal is left open.
7.Accordingly, the Writ Appeal stands disposed of. No costs.
Consequently, connected Miscellaneous Petition is closed.
[T.S.S., J.] & [S.A.I., J.]
07.06.2021
Index : Yes / No
Internet : Yes / No
PS/MR
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.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1081 of 2021
T.S.SIVAGNANAM, J.
AND
S.ANANTHI, J.
PS/MR
JUDGMENT MADE IN
W.A.(MD)No.1081 of 2021
07.06.2021
https://www.mhc.tn.gov.in/judis/
