R.Inba vs The Managing Director
2022 Latest Caselaw 10826 Mad

Citation : 2022 Latest Caselaw 10826 Mad
Judgement Date : 22 June, 2022

Madras High Court

R.Inba vs The Managing Director on 22 June, 2022

                                                                            WP(MD)No.12817 of 2022

                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 22.06.2022

                                                     CORAM:

                                  THE HONOURABLE MR.JUSTICE M.S.RAMESH

                                           W.P.(MD)No.12817 of 2022


                 R.Inba                                                        ... Petitioner

                                                       /vs./

                 1.The Managing Director,
                   Tamil Nadu State Transport Corpn., (MDU) Ltd.,
                   Bye-pass Road, Madurai – 16.

                 2.The Financial Advisor & CAO,
                   Tamil Nadu State Transport Corpn., (MDU) Ltd.,
                   Bye-pass Road, Madurai – 16.

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



                 PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
                 issuance of Writ of Mandamus, directing the respondents to settle the petitioner's
                 surrender leave salary for 120 days in respect of the years 2009-2010 to
                 2017-2018 together with interest at the rate of 6% per annum payable as per court

                 1/6

https://www.mhc.tn.gov.in/judis
                                                                                   WP(MD)No.12817 of 2022

                 direction, in one installment to the petitioner according to the last drawn salary in
                 the month of May 2018 to the petitioner as per the representation date on
                 07.02.2022, within a stipulated time frame as fixed by this Court from the date for
                 retirement to till the date of actual payment.




                                  For Petitioner       :   Mr.K.Thirugnanasambandan
                                  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, this Court,

https://www.mhc.tn.gov.in/judis WP(MD)No.12817 of 2022

in the case of N.R.Suresh Babu vs. The Principal Secretary to Government

and another passed in WP(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 WA(MD)Nos.1883 to 1892 of 2021, dated

04.10.2021.

https://www.mhc.tn.gov.in/judis WP(MD)No.12817 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 2017-2018, 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

allowed. There shall be no order as to costs.

22.06.2022 Index : Yes / No Internet : Yes / No sm

https://www.mhc.tn.gov.in/judis WP(MD)No.12817 of 2022