Madras High Court
N.Paramasivam vs The Management Of on 22 June, 2022
WP(MD)No.12701 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.12701 of 2022
N.Paramasivam ... Petitioner
/vs./
The Management of
Tamil Nadu State Transport Corporation (Madurai) Ltd.,
Madurai Region,
Rep. by its Managing Director,
Madurai. ... Respondent
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Mandamus, directing the respondent to pay the petitioner the
amount payable towards the encashment of 90 days of earned leaves, surrendered
by him in the years from 2010 to 2012 and 2014, 2016 and 2017 before his
retirement as admitted by the respondent, either based on his monthly wages of
the respective months of surrender of those earned leaves, together with 18%
interest p.a. from the respective due dates or based on the monthly wages payable
on the month of his retirement, together with 18% interest from the date of his
retirement, within a time frame as may be fixed by this Court.
1/5
https://www.mhc.tn.gov.in/judis
WP(MD)No.12701 of 2022
For Petitioner : Mr.S.Arunachalam
For Respondent : Mr.S.Raja
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
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WP(MD)No.12701 of 2022
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.
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 from 2010 to 2012 and 2014, 2016 and 2017, together with
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WP(MD)No.12701 of 2022
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, 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
sm
To
The Managing Director,
The Tamil Nadu State Transport Corporation (Madurai) Ltd.,
Madurai Region,
Madurai.
https://www.mhc.tn.gov.in/judis
WP(MD)No.12701 of 2022
M.S.RAMESH, J.
Sm
Order made in
W.P.(MD) No.12701 of 2022
Dated:
22.06.2022
https://www.mhc.tn.gov.in/judis
