R.Kaliappan vs The Managing Director
2022 Latest Caselaw 10519 Mad

Citation : 2022 Latest Caselaw 10519 Mad
Judgement Date : 20 June, 2022

Madras High Court

R.Kaliappan vs The Managing Director on 20 June, 2022

                                                                      W.P.(MD)No.12400 of 2022



                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 20.06.2022

                                                    CORAM

                                   THE HONOURABLE MR.JUSTICE M.S.RAMESH

                                           W.P.(MD)No.12400 of 2022

                     R.Kaliappan                                            ... Petitioner

                                                     Vs.


                     1. The Managing Director,
                        The Tamil Nadu State Transport Corporation
                          (MDU) Limited,
                        Bye-pass Road,
                        Madurai - 625 016.

                     2. The Financial Advisor & CAO,
                        Tamil Nadu State Transport Corporation
                          (MDU) Limited,
                         Bye-pass Road,
                        Madurai - 625 016.

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



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                     Page 1 of 6


https://www.mhc.tn.gov.in/judis
                                                                                  W.P.(MD)No.12400 of 2022



                     PRAYER: Petition filed under Article 226 of the Constitution of India
                     praying for issuance of Writ of Mandamus, directing the respondents to
                     settle petitioner's surrender leave salary for 105 days in respect of the years
                     2009-2010 to 2015-2016 together with interest at the rate of 6% per annum
                     payable as per Court direction, in one instalment to the petitioner according
                     to the last drawn salary in the month of May 2016 to the petitioner as per the
                     representation dated 07.02.2022, within a stipulated time from the date of
                     his retirement to till the date of actual payment.


                                   For Petitioner      :          Mr.K.Gokul

                                   For Respondents     :          Mr.S.Gladson Micheal Rajadurai
                                                                  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.

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https://www.mhc.tn.gov.in/judis W.P.(MD)No.12400 of 2022

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 W.P.(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 W.A.(MD)Nos.1883 to 1892 of 2021,

dated 04.10.2021.

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https://www.mhc.tn.gov.in/judis W.P.(MD)No.12400 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 2015-2016 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 respondents herein are directed to disburse the

surrender leave salary as ordered above, in six equal monthly installments,