G.Nirmala vs The Tamil Nadu State Transport
2022 Latest Caselaw 11235 Mad

                                                                               WP(MD)No.13351 of 2022

                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                        DATED: 27.06.2022

                                                            CORAM:

                                      THE HONOURABLE MR.JUSTICE M.S.RAMESH

                                                   W.P.(MD)No.13351 of 2022

                 G.Nirmala                                                       ... Petitioner

                                                              /vs./

                 1.The Tamil Nadu State Transport
                   Corporation (Kumbakonam) Limited,
                   Represented by its Managing Director,
                   Kumbakonam.

                 2.The General Manager,
                   The Tamil Nadu State Transport
                   Corporation (Kumbakonam) Limited,
                   Nagapattinam Region,
                   Nagapattinam.                                                 ... Respondents

                 PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
                 issuance of Writ of Mandamus, directing the respondents to settle petitioner's
                 surrender leave salary of Rs.1,93,655/- for 105 days together with interest at the
                 rate of 6% per annum payable from the date of her retirement to till the date of
                 actual payment .


                                  For Petitioner    :   Mr.A.Rahul
                                  For Respondents :     Mr.K.Jagadees Balan,
                                                         Standing Counsel
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                                                                                     WP(MD)No.13351 of 2022



                                                            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

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

https://www.mhc.tn.gov.in/judis at the rate of 6% per annum from the date of retirement till the

WP(MD)No.13351 of 2022

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 105 days, together with interest at the rate of 6% per annum payable

from the date of his retirement till the date of actual disbursement.

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 allowed. There shall be no order as to costs.

27.06.2022 Index : Yes / No Internet : Yes / No Nsr/TM https://www.mhc.tn.gov.in/judis

WP(MD)No.13351 of 2022

M.S.RAMESH, J.

Nsr/TM

To

1.The Managing Director, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam.

2.The General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Nagapattinam Region, Nagapattinam.

Order made in W.P.(MD)No.13351 of 2022

Dated:

27.06.2022

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