Madras High Court
R.Rajasekaran vs The Managing Director on 23 June, 2022
W.P.(MD).No.13025 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.13025 of 2022
R.Rajasekaran ...Petitioner
Vs
1.The Managing Director,
Tamil Nadu State Transport Corporation (KMB) Limited,
27, New Railway Station Road,
Kumbakonam – 612 001.
2.The General Manager,
Tamil Nadu State Transport Corporation (KMB) Limited,
Kumbakonam Region,
27, New Railway Station Road,
Kumbakonam – 612 001. ...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 surrender leave salary for 30 days in respect of the years
2011-2012, 2012-2013, 2013-2014, 2014-2015, 2015-2016, 2016-2017,
2017-2018, 2018-2019 and 2019-2020 together with interest at the rate
of 18% per annum payable from the date of retirement to till the date of
actual payment.
https://www.mhc.tn.gov.in/judis
1/5
W.P.(MD).No.13025 of 2022
For Petitioner : Mr.K.Gokul
For Respondents : Mr.K.Jagadees Balan,
Standing Counsel.
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 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:
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.13025 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 petitioner
herein would be entitled for claim of surrender leave salary for the
eligible amount in respect of the years 2011-2012, 2012-2013,
2013-2014, 2014-2015, 2015-2016, 2016-2017, 2017-2018, 2018-2019
and 2019-2020, 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.13025 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 Managing Director,
Tamil Nadu State Transport Corporation (KMB) Limited,
27, New Railway Station Road,
Kumbakonam – 612 001.
2.The General Manager,
Tamil Nadu State Transport Corporation (KMB) Limited,
Kumbakonam Region,
27, New Railway Station Road,
Kumbakonam – 612 001.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.13025 of 2022
M.S.RAMESH,J.
Nsr/TM
W.P.(MD).No.13025 of 2022
23.06.2022
https://www.mhc.tn.gov.in/judis
