R.Thiruvalluvan vs The Managing Director
2022 Latest Caselaw 10969 Mad

                                                                              WP(MD)No.13022 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.13022 of 2022


                 R.Thiruvalluvan                                                       ... Petitioner

                                                          /vs./

                 1.The Managing Director,
                   Tamil Nadu State Transport Corpn., (Kmb) Ltd.,
                   27, New Railway Station Road,
                   Kumbakonam – 612 001.

                 2.The General Manager,
                   Tamil Nadu State Transport Corpn., (Kmb) Ltd.,
                   Kumbakonam Region, 27,
                   New Railway Station Road,
                   Kumbakonam – 612001.                                         ... Respondents
                 PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
                 issuance of Writ of Mandamus, directing the respondents to settle petitioners
                 surrender leave salary for 120 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 percent per annum payable from
                 the date of retirement to till the date of actual payment.



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https://www.mhc.tn.gov.in/judis
                                                                                   WP(MD)No.13022 of 2022




                                  For Petitioner   :   Mr.K.Gokul
                                  For Respondent   :   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

https://www.mhc.tn.gov.in/judis WP(MD)No.13022 of 2022

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 2011-2012, 2012-2013, 2013-2014, 2014-2015, 2015-2016,

2016-2017, 2017-2018, 2018-2019 and 2019-2020, together with interest at the

https://www.mhc.tn.gov.in/judis WP(MD)No.13022 of 2022

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.

23.06.2022 Index : Yes / No Internet : Yes / No TM

https://www.mhc.tn.gov.in/judis WP(MD)No.13022 of 2022

M.S.RAMESH, J.

TM

Order made in W.P.(MD)No.13022 of 2022

Dated:

23.06.2022

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