P.Ramanathan vs The Tamil Nadu State Transport ...
2022 Latest Caselaw 10560 Mad

                                                                              W.P.(MD)No.12416 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.12416 of 2022

                     P.Ramanathan                                                   ... Petitioner

                                                        Vs.


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

                     2. The General Manager,
                        Tamil Nadu State Transport Corporation
                          (Kumbakonam) Limited,
                        Karaikudi Region,
                        Karaikudi.                                                ... 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 of Rs.54,933/- for 38 days together
                     with interest at the rate of 6% per annum from the date of his retirement to
                     till the date of actual payment.


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                     Page 1 of 6


https://www.mhc.tn.gov.in/judis
                                                                                  W.P.(MD)No.12416 of 2022



                                   For Petitioner      :   Mr.A.Rahul
                                   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

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:

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https://www.mhc.tn.gov.in/judis W.P.(MD)No.12416 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 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 38 days, together with interest at the rate of 6% per

annum payable from the date of his retirement till the date of actual

disbursement.

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https://www.mhc.tn.gov.in/judis W.P.(MD)No.12416 of 2022

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 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.12416 of 2022

To

1. The Managing Director, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam.

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

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https://www.mhc.tn.gov.in/judis W.P.(MD)No.12416 of 2022

M.S.RAMESH, J.

vji

W.P.(MD)No.12416 of 2022

20.06.2022

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