K.Sureshkumar vs Tamil Nadu State Transport
2022 Latest Caselaw 10050 Mad

                                                                         WP(MD)No.11548 of 2022

                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 14.06.2022

                                                   CORAM:

                            THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN

                                          W.P.(MD)No.11548 of 2022

                 K.Sureshkumar                                              ... Petitioner

                                                      /vs./


                 1.Tamil Nadu State Transport
                     Corporation Ltd,
                   Rep. by its Managing Director,
                   Madurai Division, Bye Pass Road,
                   Madurai-625 016.

                 2.The General Manager,
                   Tamil Nadu State Transport Corporation Ltd,
                   Dindigul Region,
                   Chettinayakkanpatti Post,
                   Dindigul-624 003.                                       ... Respondents



                 PRAYER: Writ Petition filed under Article 226 of the Constitution of India for

                 issuance of Writ of Mandamus, directing the respondents to pay the service

                 surrender leave salary amount of Rs.93,219/- payable to the petitioner for the

                 period from 2011 to 2020 together with 6% interest from the date of his

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https://www.mhc.tn.gov.in/judis
                                                                                   WP(MD)No.11548 of 2022

                 retirement i.e., 31.12.2020 to till the date of payment and all other attendant

                 benefits to him within the stipulated period.



                                   For Petitioner    : Mr.A.K.Thangavelu

                                   For Respondents : Mr.J.Senthilkumaraiah
                                                        Standing Counsel


                                                          ORDER

By consent of both parties, this writ petition is taken up for final disposal at

the stage of admission itself.

2.Aggrieved against the non-settlement of the surrender leave salary to the

petitioner, he has claimed settlement of surrender leave salary together with

interest in this Writ Petition.

3.In an identical circumstance, when a similarly placed employee had

sought for payment of his surrender leave salary together with interest, this Court,

in the case of N.R.Suresh Babu vs. The Principal Secretary to Government

https://www.mhc.tn.gov.in/judis WP(MD)No.11548 of 2022

and another passed in WP(MD)No.3757 of 2021 dated 26.02.2021, had directed

the transport Corporation to settle the surrender leave salary together with interest

at the rate of 6% per annum from the date of his retirement till the date of actual

disbursement, in six equal monthly installments. The relevant portion of the order

reads as follows:

“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.”

The aforesaid order came to be confirmed by the Hon'ble Division Bench of this

Court in a Judgment passed in WA(MD)Nos.1883 to 1892 of 2021, dated

04.10.2021.

4.In view of the earlier orders passed by this Court, the petitioner herein

would be entitled for claim of surrender leave salary for the eligible amount in

https://www.mhc.tn.gov.in/judis WP(MD)No.11548 of 2022

respect of the years 2011-2020, together with interest at the rate of 6% per annum

payable from the date of his retirement till the date of actual disbursement.

5.Accordingly, the respondents herein are directed to disburse the surrender

leave salary as ordered above, in six equal monthly installments, whereby the first

installment shall commence from 1st of July 2022. This Writ Petition stands

allowed. There shall be no order as to costs.

14.06.2022 Index : Yes / No Internet : Yes / No cp

https://www.mhc.tn.gov.in/judis WP(MD)No.11548 of 2022

G.CHANDRASEKHARAN, J.

cp

Order made in W.P.(MD)No.11548 of 2022

Dated:

14.06.2022

https://www.mhc.tn.gov.in/judis