K.Natarajan vs The Tamil Nadu State Transport
2022 Latest Caselaw 10221 Mad

                                                                                W.P.(MD).No.11776 of 2022


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 15.06.2022

                                                        CORAM

                                  THE HONOURABLE MR. JUSTICE M.S.RAMESH

                                              W.P.(MD).No.11776 of 2022

                K.Natarajan                                                ... Petitioner

                                                          Vs.

                The Tamil Nadu State Transport
                Corporation (Madurai) Limited,
                Represented by its Managing Director,
                Madurai.                                                   ...Respondent

                Prayer : Writ Petition filed under Article 226 of the Constitution of India,
                praying this Court to issue a Writ of Mandamus, directing the respondent to
                settle the petitioner's surrender leave salary of Rs.48,825/- for 45 days together
                with interest at the rate of 6% per annum payable from the date of his
                retirement to till the date of actual payment.


                                  For Petitioner          : Mr.A.Rahul
                                  For Respondent          : Mr.S.C.Herold Singh,
                                                            Standing Counsel.




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https://www.mhc.tn.gov.in/judis
                                                                                     W.P.(MD).No.11776 of 2022


                                                         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 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

https://www.mhc.tn.gov.in/judis W.P.(MD).No.11776 of 2022

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

respect of the years 2013 – 2016, 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 respondent herein is 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.

                                                                                15.06.2022
                Index             : Yes / No
                Internet          : Yes/ No
                Lm


https://www.mhc.tn.gov.in/judis
                                                 W.P.(MD).No.11776 of 2022



                To

                The Managing Director,
                The Tamil Nadu State Transport
                Corporation (Madurai) Limited,
                Madurai.





https://www.mhc.tn.gov.in/judis
                                         W.P.(MD).No.11776 of 2022


                                          M.S.RAMESH, J.


                                                             Lm




                                  W.P.(MD).No.11776 of 2022




                                                    15.06.2022





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