Madras High Court
S.N.Rajendran vs The Managing Director on 22 June, 2022
WP(MD)No.12800 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.12800 of 2022
S.N.Rajendran ... Petitioner
/vs./
1.The Managing Director,
Tamilnadu State Transport Corporation
(Kumbakonam) Limited,
Corporate Office,
Kumbakonam-612 001.
2.The General Manager,
Tamilnadu State Transport Corporation
(Kumbakonam) Limited,
Kumbakonam Region,
Kumbakonam-612 001.
3.The Chief Financial Officer,
Tamilnadu State Transport Corporation
(Kumbakonam) Limited,
Corporate Office,
Kumbakonam-612 001. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Mandamus, directing the respondents to settle his surrender
leave salary for 159 days in respect of the years 2010-2019 together with interest
at the rate of 18 percentage per annum payable from the date of retirement to till
the date of actual payment.
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WP(MD)No.12800 of 2022
For Petitioner : Mr.S.Anandha Kumar
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 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
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WP(MD)No.12800 of 2022
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.
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 2010-2019, 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 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. There shall be no order as to costs.
22.06.2022
Index : Yes / No
Internet : Yes / No
btr
https://www.mhc.tn.gov.in/judis
WP(MD)No.12800 of 2022
To
1.The Managing Director,
Tamilnadu State Transport Corporation
(Kumbakonam) Limited,
Corporate Office,
Kumbakonam-612 001.
2.The General Manager,
Tamilnadu State Transport Corporation
(Kumbakonam) Limited,
Kumbakonam Region,
Kumbakonam-612 001.
3.The Chief Financial Officer,
Tamilnadu State Transport Corporation
(Kumbakonam) Limited,
Corporate Office,
Kumbakonam-612 001.
https://www.mhc.tn.gov.in/judis
WP(MD)No.12800 of 2022
M.S.RAMESH, J.
btr
Order made in
W.P.(MD)No.12800 of 2022
Dated:
22.06.2022
https://www.mhc.tn.gov.in/judis
