A.Revathi vs The Managing Director
2022 Latest Caselaw 10524 Mad

Citation : 2022 Latest Caselaw 10524 Mad
Judgement Date : 20 June, 2022

Madras High Court

A.Revathi vs The Managing Director on 20 June, 2022

                                                                          W.P.(MD)No.12352 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.12352 of 2022

                     A.Revathi                                                  ... Petitioner

                                                     Vs.

                     1. The Managing Director,
                        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


                     PRAYER: Petition filed under Article 226 of the Constitution of India
                     praying for issuance of Writ of Mandamus, directing the respondents to

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https://www.mhc.tn.gov.in/judis
                                                                                  W.P.(MD)No.12352 of 2022



                     settle petitioner's surrender leave salary for 90 days in respect of the years
                     2009-2010 to 2014-2015 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 June 2015 to the petitioner as per
                     the representation dated 02.02.2022 from the date of her retirement to till
                     the date of actual payment.

                                   For Petitioner      :          Mr.K.Gokul

                                   For Respondents     :          Mr.S.Sivabalaji
                                                                  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, she 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,

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https://www.mhc.tn.gov.in/judis W.P.(MD)No.12352 of 2022

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.12352 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 2014-2015 together with

interest at the rate of 6% per annum payable from the date of her 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,