Madras High Court
P.Selvaraj vs The Managing Director on 3 January, 2022
W.P(MD)No.23133 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.01.2022
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P(MD)No.23133 of 2021
P.Selvaraj ... Petitioner
vs
1. The Managing Director,
Tamil Nadu State Transport
Corporation (Madurai) Ltd.,
Bye-Pass Road, Madurai – 16.
2. The General Manager,
Tamil Nadu State Transport
Corporation (Madurai) Ltd.,
Virudhunagar Region,
Virudhunagar ... Respondents
PRAYER:- Writ Petition filed under Article 226 of the Constitution of
India, seeking for the issuance of Writ of Mandamus, directing the
respondents to settle the Surrender leave salary, adjusted from the
petitioner's leave account for the years from 2009 to 2018.
For Petitioner : Mr.S.Govindan
For Respondents : Mr.J.Senthil Kumariah
Standing Counsel
1/8
https://www.mhc.tn.gov.in/judis
W.P(MD)No.23133 of 2021
ORDER
By consent of both parties, this writ petition is taken up for
final disposal at the stage of admission itself. Mr.J.Senthil Kumariah,
learned Standing Counsel takes notice for the respondents.
2. Since the petitioner, who is the retired employee of the
Transport Corporation, claims to have not been paid with the surrender
leave salary from 2009 to 2018, even after his retirement on 30.04.2018, the
present writ petition has been filed seeking for direction in that regard.
3. The petitioner would submit that he has already made a
representation dated 14.12.2021 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.
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
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W.P(MD)No.23133 of 2021
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
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
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W.P(MD)No.23133 of 2021
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 Corporation is
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W.P(MD)No.23133 of 2021
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.
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W.P(MD)No.23133 of 2021
7. For all the forgoing reasons, although the petitioner has
made a representation dated 14.12.2021, 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 instalments in the light of the aforesaid
Division Bench Judgment. The respondents shall ensure that the first
instalment 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. With the above directions, this Writ Petition stands disposed
of. No costs
03.01.2022
Index : Yes / No.
Internet: Yes / No.
vrn
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W.P(MD)No.23133 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,
Tamil Nadu State Transport Corporation (Madurai) Ltd.,
Bye-Pass Road, Madurai – 16.
2. The General Manager,
Tamil Nadu State TransportCorporation (Madurai) Ltd.,
Virudhunagar Region,Virudhunagar
https://www.mhc.tn.gov.in/judis
W.P(MD)No.23133 of 2021
B.PUGALENDHI, J.
vrn
W.P(MD)No.23133 of 2021
03.01.2022
https://www.mhc.tn.gov.in/judis
