K.Ramadoss vs The Government Of Tamil Nadu
2022 Latest Caselaw 10895 Mad

                                                                       W.P.(MD).No.12841 of 2022

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT


                                              DATED: 23.06.2022

                                                   CORAM:

                                  THE HONOURABLE MR. JUSTICE M.S. RAMESH

                                           W.P.(MD).No.12841 of 2022

                     1.K.Ramadoss

                     2.R.Nallathambi

                     3.M.Jayachandrasekaran

                     4.T.Manivel

                     5.P.Chinnasamy

                     6.P.Rajendran

                     7.M.Kamaraj

                     8.N.Ravichandran

                     9.R.Ravi                                                ...Petitioners

                                                       Vs


                     1.The Government of Tamil Nadu,
                       Represented by its Secretary to Government,
                       Transport Department,
                       Secretariat,
                       Chennai – 600 009.

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                                                                           W.P.(MD).No.12841 of 2022



                     2.The Managing Director,
                       Tamil Nadu State Transport Corporation (Kumbakonam) Limited,
                       Kumbakonam,
                       Thanjavur District.

                     3.The General Manager,
                       Tamil Nadu State Transport Corporation (Kumbakonam) Limited,
                       Trichy Region,
                       Periyamilaguparai,
                       Trichirappalli District.                     ...Respondents



                     PRAYER: Writ Petition filed under Article 226 of the Constitution of
                     India to issue a Writ of Mandamus, directing the respondents to settle the
                     petitioner's benefit of enchashment of Earned Leave surrendered by the
                     petitioner before the second and third respondents from the year 2010 to
                     till the date of retirement of the petitioner with interest at 18% as per the
                     1998 Wage Settlement Effect under Section 12 (3) of ID Act, 1947.



                                  For Petitioners     : Mr.N.Sudhagar Nagaraj

                                  For Respondents : Mr.K.Jagadees Balan,
                                                    Standing Counsel.




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https://www.mhc.tn.gov.in/judis
                                                                              W.P.(MD).No.12841 of 2022




                                                           ORDER

By consent of both the parties, this writ petition is taken up for

final disposal.

2. Aggrieved against the non-settlement of the surrender leave

salary to the petitioners, they have 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:

https://www.mhc.tn.gov.in/judis W.P.(MD).No.12841 of 2022

“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 petitioners

herein would be entitled for claim of surrender leave salary for the

eligible amount from the year 2010 to till the date of retirement of the

petitioners, 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 W.P.(MD).No.12841 of 2022

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 partly allowed. There shall

be no order as to costs.

23.06.2022

Index:Yes/No Speaking order/Non-speaking order Nsr/TM

To

1.The Secretary to Government, The Government of Tamil Nadu, Transport Department, Secretariat, Chennai – 600 009.

2.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam, Thanjavur District.

3.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Trichy Region, Periyamilaguparai, Trichirappalli District.

https://www.mhc.tn.gov.in/judis W.P.(MD).No.12841 of 2022

M.S.RAMESH,J.

Nsr/TM

W.P.(MD).No.12841 of 2022

23.06.2022

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