Madras High Court
M.Murugesan vs The Government Of Tamil Nadu on 16 September, 2022
W.P(MD)No.17716 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.09.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.17716 of 2022
and
W.M.P.(MD)Nos.12906 and 12907 of 2022
M.Murugesan ... Petitioner
Vs
1.The Government of Tamil Nadu,
Rep by its Secretary to Government,
Transport Department,
Fort St.George,
Chennai – 600 009.
2.The Managing Director,
Tamil Nadu State Transport Corporation (Kumbakonam) Ltd.,
Kumbakonam, Thanjavur District.
3.The General Manager,
Tamil Nadu State Transport Corporation (Kumbakonam) Ltd.,
Trichy Region, Periyamilaguparai,
Trichirapalli District. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorari, calling for the entire records
pertaining to the impugned order dated 01.01.2022 in
Ref. TNSTC/KUM/TRY/DS/SM1/16183/2021 passed by the 3rd respondent
and quash the same and consequently direct the 3rd respondent to sanction
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W.P(MD)No.17716 of 2022
surrender leave salary for 79.5 days to the petitioner within the time limit that
may be fixed by this Court.
For Petitioner : Mr.N.Sudhagar Nagaraj
For Respondents : Mr.A.K.Manikkam,
Spl. Government Pleader for R1.
Mr.K.Jagadees Balan,
Standing Counsel for R2 & R3.
ORDER
Heard the learned counsel on either side.
2.The writ petitioner is a retired employee of the transport corporation.
His specific allegation is that he was not disbursed with the surrender leave
salary benefit. The petitioner had earlier filed W.P.(MD)No.16183 of 2021.
This Court vide order dated 09.09.2021 directed the respondent to pass order on
the petitioner's representation dated 31.07.2021 in the light of the judgment
passed in W.A.(MD)No.1138 of 2019. The grievance of the writ petitioner is
that even pursuant to the said direction, the employer has not paid his surrender
leave salary benefit. The petitioner would further argue that the respondents is
deliberately confusing the issue between earned leave salary and surrender
leave salary benefits.
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W.P(MD)No.17716 of 2022
3.When the matter was taken up for hearing, I posed a specific question
to the respondents as to whether the petitioner is entitled to surrender leave
salary or not. The answer is in the affirmative. The respondents categorically
state that the petitioner was having to his credit total number of 79 days
towards surrender leave. The respondents 2 and 3 are directed to quantify the
amount payable to the writ petitioner and pay the same within a period of
twelve weeks from the date of receipt of a copy of this order.
4.The writ petition is allowed accordingly. No costs. Consequently,
connected miscellaneous petitions are closed.
16.09.2022
Index : Yes / No
Internet : Yes/ No
ias
To:-
The Principal Secretary,
Transport Department,
Fort St.George,
Chennai – 600 009.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.17716 of 2022
G.R.SWAMINATHAN, J.
ias
W.P(MD)No.17716 of 2022
16.09.2022
https://www.mhc.tn.gov.in/judis
