Madras High Court
I.Ramasamy vs The Managing Director on 20 June, 2022
W.P.(MD)No.12337 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.12337 of 2022
I.Ramasamy ... Petitioner
Vs.
1. The Managing Director,
The Tamil Nadu State Transport Corporation (KMB) Limited,
New Railway Station Road,
Kumbakonam - 612 001.
2. The General Manager,
Tamil Nadu State Transport Corporation (KMB) Limited,
Karaikudi Region,
Managiri Post,
Maruthapathi,
Karaikudi,
Sivagangai District. ... Respondents
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 110 days from 2011-2012,
2012-2013, 2013-2014, 2014-2015, 2015-2016, 2016-2017, 2017-2018,
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W.P.(MD)No.12337 of 2022
2018-2019 and 2019-2020 together with interest at the rate of 18% per
annum payable from the date of his retirement to till the date of actual
payment.
For Petitioner : Mr.K.Gokul
For Respondents : Mr.K.Jagadees Balan
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 and another passed in W.P.(MD)No.3757 of 2021 dated
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W.P.(MD)No.12337 of 2022
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.
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 2011-2012, 2012-2013, 2013-2014,
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W.P.(MD)No.12337 of 2022
2014-2015, 2015-2016, 2016-2017, 2017-2018, 2018-2019 and 2019-2020,
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 August 2022. This
Writ Petition stands partly allowed. No costs.
20.06.2022
Index : Yes / No
Speaking Order : Yes / No
vji
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https://www.mhc.tn.gov.in/judis
W.P.(MD)No.12337 of 2022
To
1. The Managing Director,
The Tamil Nadu State Transport Corporation (KMB) Limited,
New Railway Station Road,
Kumbakonam - 612 001.
2. The General Manager,
Tamil Nadu State Transport Corporation (KMB) Limited,
Karaikudi Region,
Managiri Post,
Maruthapathi,
Karaikudi,
Sivagangai District.
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https://www.mhc.tn.gov.in/judis
W.P.(MD)No.12337 of 2022
M.S.RAMESH, J.
vji
W.P.(MD)No.12337 of 2022
20.06.2022
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https://www.mhc.tn.gov.in/judis
