G.Balasubramanian vs The Managing Director
2023 Latest Caselaw 4633 Mad

Citation : 2023 Latest Caselaw 4633 Mad
Judgement Date : 21 April, 2023

Madras High Court

G.Balasubramanian vs The Managing Director on 21 April, 2023

                                                                             W.P(MD)No.9371 of 2023



                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                            DATED : 21.04.2023

                                                   CORAM

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                          W.P(MD)No.9371 of 2023


                G.Balasubramanian                                          ... Petitioner

                                                     Vs

                1.The Managing Director,
                  Tamil Nadu State Transport Corporation
                      (Kumbakonam) Limited,
                  New Railway Station Road,
                  Kumbakonam – 612 001.

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

                Prayer: Writ Petition filed under Article 226 of the Constitution of India
                praying to issue a Writ of Mandamus, directing the respondents to settle the
                petitioner's surrender leave salary for 135 days in respect of the years
                2011-2012, 2012-2013, 2013-2014, 2014-2015, 2015-2016, 2016-2017,
                2017-2018, 2018-2019, 2019-2020 and 2020-2021 together with interest at the
                rate of 18 percentage per annum payable from the date for retirement to till the
                date of actual payment.

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                                                                                 W.P(MD)No.9371 of 2023


                                        For Petitioner    : Mr.K.Gokul
                                        For Respondents : Mr.K.Jagadees Balan
                                                          Standing Counsel


                                                         ORDER

Heard the learned counsel on either side.

2.The petitioner was employed as Assistant Manager in the respondent

Corporation. He retired on 31.08.2021. He had 135 days of earned leave to his

credit. But from the year 2011 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 transport Corporation to settle the surrender leave salary together with interest at the rate of 6% per annum from the date of his https://www.mhc.tn.gov.in/judis

W.P(MD)No.9371 of 2023

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

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

W.P(MD)No.9371 of 2023

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. There shall be no order as to costs.




                                                                              21.04.2023
                Index             : Yes / No
                Internet          : Yes/ No
                NCC               : Yes / No
                MGA

                To

                1.The Managing Director,