S.Ragavan vs The Managing Director
2022 Latest Caselaw 10467 Mad

                                                                            WP(MD)No.12298 of 2022

                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 17.06.2022

                                                     CORAM:

                                  THE HONOURABLE MR.JUSTICE M.S.RAMESH

                                           W.P.(MD)No.12298 of 2022


                 S.Ragavan                                                     ... Petitioner

                                                       /vs./

                 1.The Managing Director,
                   Tamil Nadu State Transport Corporation (Madurai) Limited,
                   Bye-pass Road,
                   Madurai – 16.

                 2.The Financial Advisor and CAO,
                   Tamil Nadu State Transport Corporation (Madurai) Limited,
                   Bye-pass Road,
                   Madurai – 16.

                 3.The General Manager,
                   Tamil Nadu State Transport Corporation (Madurai) Limited,
                   Dindigul Region,
                   Bye-pass Road,
                   Dindigul.                                                 ... Respondents

                 PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
                 issuance of Writ of Mandamus, directing the respondents to settle the petitioner's
                 surrender leave salary for 105 days in respect of the years 2009-2010 to

                 1/6

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                                                                                   WP(MD)No.12298 of 2022

                 2016-2017 together with interest at the rate of 6% per annum payable as per court
                 direction, in one installment to the petitioner according to the last drawn salary in
                 the month of April 2017 to the petitioner as per the representation date on
                 04.02.2022, within a stipulated time frame as fixed by this Court from the date for
                 retirement to till the date of actual payment.


                                  For Petitioner   :   Mr.K.Gokul
                                  For Respondents :    Mr.S.C.Herold Singh,
                                                       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,

https://www.mhc.tn.gov.in/judis WP(MD)No.12298 of 2022

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 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.

https://www.mhc.tn.gov.in/judis WP(MD)No.12298 of 2022

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 2009-2010 to 2016-2017, 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 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 August 2022. This Writ Petition stands

allowed. There shall be no order as to costs.

17.06.2022 Index : Yes / No Internet : Yes / No Nsr

https://www.mhc.tn.gov.in/judis WP(MD)No.12298 of 2022

To

1.The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Limited, Bye-pass Road, Madurai – 16.

2.The Financial Advisor and CAO, Tamil Nadu State Transport Corporation (Madurai) Limited, Bye-pass Road, Madurai – 16.

3.The General Manager, Tamil Nadu State Transport Corporation (Madurai) Limited, Dindigul Region, Bye-pass Road, Dindigul.

https://www.mhc.tn.gov.in/judis WP(MD)No.12298 of 2022

M.S.RAMESH, J.

Nsr

Order made in W.P.(MD)No.12298 of 2022

Dated:

17.06.2022

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