Madras High Court
Tamil Nadu State Transport ... vs N.R.Suresh Babu ... 1St on 4 October, 2021
W.A(MD)Nos.1883 to 1892 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.DURAISWAMY
AND
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
W.A(MD)Nos.1883 to 1892 of 2021
and
C.M.P(MD)Nos.8320, 8322, 8324, 8326, 8327, 8328, 8329,
8330, 8332 & 8333 of 2021
W.P(MD)No.1883 of 2021:-
Tamil Nadu State Transport Corporation Limited,
Rep. by its Managing Director,
Madurai Division,
Bye Pass Road,
Madurai – 625 010. ... Appellant/2nd Respondent
Vs.
1.N.R.Suresh Babu ... 1st Respondent/Petitioner
2.The Principal Secretary to Government,
Transport Department and Chairman of
State Transport Undertakings,
Secretariat, Fort St. George,
Chennai – 09. ... 2nd Respondent/1st Respondent
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent
against the order, dated 26.02.2021 made in W.P(MD)No.3757 of
2021 on the file of this Court.
For Appellant : Mr.J.Senthil Kumaraiah
For R – 2 : Mr.P.Thilak Kumar
Government Pleader
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W.A(MD)Nos.1883 to 1892 of 2021
COMMON JUDGMENT
(Judgment of the Court was delivered by
M.DURAISWAMY,J.)
Challenging the orders passed in W.P(MD)Nos.3757, 3762,
3768, 3770, 3774, 3779, 3783, 5956, 7345 and 7346 of 2021, the
second respondent in the Writ Petitions has filed the above Writ
Appeals.
2.The first respondent/writ petitioners filed the Writ Petitions
to issue Writs of Mandamus, directing the appellant and the second
respondent to pay their surrender leave salary together with
interest at the rate of 18% per annum from the date of retirement
till the date of disbursement within a time frame.
3.The learned Single Judge, taking into consideration the case
of both sides, allowed the Writ Petitions and directed the
appellant/second respondent to settle the surrender leave salary in
respect of the first respondent-employees together with interest at
the rate of 6% per annum from the date of retirement till the date
of actual disbursement. Further, the learned Single Judge directed
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W.A(MD)Nos.1883 to 1892 of 2021
the appellant/second respondent to disburse the surrender leave
salary in six equal monthly installments.
4.It cannot be disputed that the first respondent-employees
are entitled to get the leave salary to the credit of their accounts.
On attaining the superannuation, the first respondent-employees
are entitled to get the surrender leave salary for the available
number of days. Though the first respondent-employees have
retired long back, the appellant/second respondent failed to settle
the surrender leave salary standing to their credit till today.
5.When the first respondent-employees are entitled to get
surrender leave salary on attaining the superannuation, the
appellant should have paid the amounts immediately. Since the
payments were not made immediately, the learned Single Judge
while allowing the Writ Petitions directed the appellant/second
respondent to pay the amounts to them together with interest at
the rate of 6% per annum from the date of retirement till the date
of actual disbursement.
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W.A(MD)Nos.1883 to 1892 of 2021
6.Mr.Rajasekar, learned counsel appearing for the appellant
submitted that the appellant/Tamil Nadu State Transport
Corporation is aggrieved over the award of interest by the learned
Single Judge and submitted that the appellant is liable to pay the
surrender leave salary to their employees, who are the first
respondent herein.
7.When the appellant agreed that the first respondent/writ
petitioners are entitled to get the surrender leave salary on
attaining the superannuation, the non-payment of the surrender
leave salary had prejudiced the first respondent/writ petitioners to a
greater extent. They are put to monetary loss by the non-payment
of the surrender leave salary.
8.When the appellant is liable to pay the surrender leave
salary on the retirement of their employees, the delay in making
payment of the leave salary is solely because of the appellants'
inaction. The first respondent/writ petitioners cannot be penalized
for the wrong done by the appellant. Hence, the award of 6%
interest on the surrender leave salary by the learned Single Judge is
perfectly correct. We do not find any ground to interfere with the
orders passed by the learned Single Judge. The Writ Appeals are
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W.A(MD)Nos.1883 to 1892 of 2021
devoid of merits and the same are dismissed. However, we make it
clear that the reliefs granted by the learned Single Judge in the Writ
Petitions are confined only to the first respondent/writ petitioners,
who have filed the Writ Petitions. No costs. Consequently, connected
Miscellaneous Petitions are closed.
[M.D.,J] [K.M.S.,J.]
04.10.2021
Index :Yes/No
Internet :Yes/No
ps/indu
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.
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W.A(MD)Nos.1883 to 1892 of 2021
M.DURAISWAMY,J.
and
K.MURALI SHANKAR,J.
ps/indu
To
1.The Managing Director,
Tamil Nadu State Transport Corporation Limited,
Madurai Division,
Bye Pass Road,
Madurai – 625 010.
2.The Principal Secretary to Government,
Transport Department and Chairman of
State Transport Undertakings,
Secretariat, Fort St. George,
Chennai – 09.
W.A(MD)Nos.1883 to 1892 of 2021
04.10.2021
https://www.mhc.tn.gov.in/judis/
