Pj.Prakash vs The Management Of
2022 Latest Caselaw 10831 Mad

                                                                            WP(MD)No.12696 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.12696 of 2022


                 PJ.Prakash                                                   ... Petitioner

                                                         /vs./

                 The Management of
                 Tamilnadu State Transport Corporation (Madurai) Limited,
                 Madurai Region,
                 Represented 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 year 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 percent interest p.a. from the respective due dates or
                 based on the monthly wages payable on the month of his retirement, together with
                 18 percent interest from the date of his retirement.




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https://www.mhc.tn.gov.in/judis
                                                                                   WP(MD)No.12696 of 2022

                                  For Petitioner   :   Mr.S.Arunachalam
                                  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, 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

https://www.mhc.tn.gov.in/judis WP(MD)No.12696 of 2022

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 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.

https://www.mhc.tn.gov.in/judis WP(MD)No.12696 of 2022

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 btr

To

The Managing Director, The Management of Tamilnadu State Transport Corporation (Madurai) Limited, Madurai Region, Madurai.

https://www.mhc.tn.gov.in/judis WP(MD)No.12696 of 2022

M.S.RAMESH, J.

btr

Order made in W.P.(MD)No.12696 of 2022

Dated:

22.06.2022

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