S.Sundaram vs The Tamil Nadu State Transport ...
2022 Latest Caselaw 10468 Mad

                                                                              WP(MD)No.12314 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.12314 of 2022

                 S.Sundaram                                                      ... Petitioner
                                                              /vs./

                 1.The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd.,
                   Represented by its Managing Director,
                   Kumbakonam.

                 2.The General Manager,
                   The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd.,
                   Kumbakonam Region,
                   Kumbakonam.                                            ... 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 salaryof Rs.2,57,711/- for 147 days together with interest at the
                 rate of 6 percent per annum payable from the date of his retirement to till the date
                 of actual payment.


                                  For Petitioner    :   Mr.A.Rahul
                                  For Respondents :     Mr.K.Jagadees Balan
                                                         Standing Counsel

                 1/6

https://www.mhc.tn.gov.in/judis
                                                                                   WP(MD)No.12314 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:

https://www.mhc.tn.gov.in/judis WP(MD)No.12314 of 2022

“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 for

147 days, 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

https://www.mhc.tn.gov.in/judis WP(MD)No.12314 of 2022

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 sm

https://www.mhc.tn.gov.in/judis WP(MD)No.12314 of 2022

TO:

1.The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Represented by its Managing Director, Kumbakonam.

2.The General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam Region, Kumbakonam.

https://www.mhc.tn.gov.in/judis WP(MD)No.12314 of 2022

M.S.RAMESH, J.

Sm

Order made in W.P.(MD)No.12314 of 2022

Dated:

17.06.2022

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