Madras High Court
Sk.Shanthi vs The Managing Director on 18 August, 2023
W.P.(MD).No.20170 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 18.08.2023
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD).No.20170 of 2023
SK.Shanthi
... Petitioner
Vs
1. The Managing Director,
Tamil Nadu State Transport Corporation (Kumbakonam) Ltd.,
New Railway Station Road, Kumbakonam.
2. The General Manager,
Tamil Nadu State Transport Corporation (Kumbakonam) Ltd.,
New Railway Station Road, Kumbakonam.
... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, directing the respondents to
settle petitioner’s husband surrender leave salary for 135 days in respect of the
years 2011 to 2019 together with interest at the rate of 6 percentage per annum
payable from the date of the petitioner’s husband retirement to till the date of
actual payment.
For Petitioner : Mr.A.Balaji
For Respondents : Mr.C.Ramaiah
Standing Counsel
https://www.mhc.tn.gov.in/judis
1/6
W.P.(MD).No.20170 of 2023
ORDER
The present writ petition has been filed seeking direction to the
respondents to settle petitioner’s husband surrender leave salary for 135 days
in respect of the years 2011 to 2019 together with interest at the rate of 6
percentage per annum payable from the date of the petitioner’s husband
retirement to till the date of actual payment.
2. By consent of both parties, this Writ Petition is taken up for final
disposal at the stage of admission itself.
3. The petitioner’s husband was employed as Junior Assistant. He
reached the level of service Senior Assistant and expired on 21.06.2021. He
had 135 days of earned leave to his credit.
4. It is well settled that the employee having earned leave to his
credit is entitled to surrender the same and claim its monetary equivalent. The
grievance of the petitioner is that since 2011-2019, the employees of the
respondent corporation were not allowed to surrender earned leave and encash
the same. It is now sought to be claimed.
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W.P.(MD).No.20170 of 2023
5. The issue raised in this writ petition was already decided by this
Court vide order, dated 22.09.2022 in W.P(MD)No.21121 of 2022 (R.Anusam
Vs. The Managing Director, Tamil Nadu State Transport Corporation
(KMB) Ltd.,). The relevant portion of which is extracted as follows:
“4. 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 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. '
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W.P.(MD).No.20170 of 2023
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. ”
6. Adopting the very same approach, I direct the respondent
Corporation to quantify the surrender leave arrears payable to the petitioner’s
husband for the petition mentioned period and pay the same together with
interest at the rate of 6% per annum payable from the date of petitioner
husband's retirement till the date of actual disbursement within a period of
twelve (12) weeks from the date of receipt of a copy of this order.
7. This Writ Petition stands disposed of on these terms. There shall
be no order as to costs.
18.08.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes
PNM
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.20170 of 2023
To
1. The Managing Director,
Tamil Nadu State Transport Corporation (Kumbakonam) Ltd.,
New Railway Station Road, Kumbakonam.
2. The General Manager,
Tamil Nadu State Transport Corporation (Kumbakonam) Ltd.,
New Railway Station Road, Kumbakonam.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.20170 of 2023
L.VICTORIA GOWRI, J.
PNM
ORDER IN
W.P.(MD).No.20170 of 2023
18.08.2023
https://www.mhc.tn.gov.in/judis
