Madras High Court
H.Syed Mytheen vs The Management Of on 20 October, 2022
W.P(MD)No.24179 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.10.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.24179 of 2022
H.Syed Mytheen ... Petitioner
Vs
The Management of
Tamil Nadu 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
praying to issue a Writ of Mandamus, directing the respondent to pay the
petitioner the amount towards the encashment of 120 days of earned leaves,
surrendered by him in the years 2011 and 2017 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, within a time frame as may be fixed by this Court.
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W.P(MD)No.24179 of 2022
For Petitioner : Mr.S.Arunachalam
For Respondent : Mr.K.Jagadees Balan
Standing Counsel
ORDER
Heard the learned counsel on either side.
2.The writ petitioner was an employee of the respondent corporation. He
had retired. His grievance is that he is entitled to surrender his earned leave and
encash them. But from the year 2010 onwards, he was not even permitted to
surrender his earned leave. The petitioner wants the said surrender leave salary
to be paid to him. No exception can be taken to the said request.
3.When Similar issue came up in W.P.(MD)No.19354 of 2022
(G.Senthilvel V. The Secretary to Government, Government of Tamil Nadu,
Transport Department, Chennai), vide order dated 24.08.2022, a learned
Judge of this Court has held as follows:-
“ 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
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W.P(MD)No.24179 of 2022
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 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 2010-2019, together
with interest at the rate of 6% per annum payable from the date of his
retirement till the date of actual disbursement. ”
4.Adopting the very same approach, I direct the respondent Corporation
to settle the monetary equivalent of the surrender leave salary to the petitioner
together with interest at the rate of 6% per annum payable from the date of his
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W.P(MD)No.24179 of 2022
retirement till the date of actual disbursement within a period of twelve weeks
from the date of receipt of a copy of this order. This Writ Petition stands
allowed. No costs.
20.10.2022
Index : Yes / No
Internet : Yes/ No
mga
To
The Managing Director,
Management of
Tamil Nadu State Transport Corporation
(Madurai) Limited,
Madurai Region,
Madurai.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.24179 of 2022
G.R.SWAMINATHAN, J.
mga
W.P(MD)No.24179 of 2022
20.10.2022
https://www.mhc.tn.gov.in/judis
