Madras High Court
S.Muthukrishnan vs The Tamil Nadu State Transport on 20 June, 2022
W.P.(MD)No.12439 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.12439 of 2022
S.Muthukrishnan ... Petitioner
Vs.
The Tamil Nadu State Transport
Corporation (Madurai) Limited,
Represented by its Managing Director,
Madurai. ... Respondent
PRAYER: Petition filed under Article 226 of the Constitution of India
praying for issuance of Writ of Mandamus, directing the respondent to settle
petitioner's surrender leave salary of Rs.73,545/- for 90 days together with
interest at the rate of 6% per annum from the date of his retirement to till the
date of actual payment.
For Petitioner : Mr.A.Rahul
For Respondent : Mr.S.Gladson Micheal Rajadurai
Standing counsel
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W.P.(MD)No.12439 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 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
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W.P.(MD)No.12439 of 2022
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 90 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 respondent herein is directed to disburse the
surrender leave salary as ordered above, in six equal monthly installments,
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W.P.(MD)No.12439 of 2022
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.12439 of 2022
To
The Managing Director,
The Tamil Nadu State Transport
Corporation (Madurai) Limited,
Madurai.
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https://www.mhc.tn.gov.in/judis
W.P.(MD)No.12439 of 2022
M.S.RAMESH, J.
vji
W.P.(MD)No.12439 of 2022
20.06.2022
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https://www.mhc.tn.gov.in/judis
