Madras High Court
S.R.Thamizh Mani vs The Managing Director on 18 August, 2023
W.P.(MD).No.20192 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.20192 of 2023
S.R.Thamizh Mani
... Petitioner
Vs
The Managing Director,
Tamil Nadu State Transport Corporation (Kumbakonam) Ltd.,
No.27, New Railway Station Road, Kumbakonam.
Thanjavur District – 612 001.
... Respondent
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, directing the respondent to
pay encashment for petitioner 53 days earned leave, which was standing to his
credit, at the time of retirement along with interest @ 18 % per annum to the
petitioner for the payment of Earned Leave Salary, from the date petitioner’s
retirement to till the date of actual payment.
For Petitioner : Mr.P.Joseph Raj
For Respondents : Mr.C.Ramaiah
Standing Counsel
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1/6
W.P.(MD).No.20192 of 2023
ORDER
The present writ petition has been filed seeking direction to the
respondent to pay encashment for petitioner 53 days earned leave, which was
standing to his credit, at the time of retirement along with interest @ 18 % per
annum to the petitioner for the payment of Earned Leave Salary, from the date
petitioner’s 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 was employed as Junior Assistant. He reached the
level of service Superintendent and retired from service on 31.07.2022. He had
53 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
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W.P.(MD).No.20192 of 2023
respondent corporation were not allowed to surrender earned leave and encash
the same. It is now sought to be claimed.
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
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W.P.(MD).No.20192 of 2023
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. ”
6. Adopting the very same approach, I direct the respondent
Corporation to quantify the surrender leave arrears payable to the petitioner 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’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.20192 of 2023
To
The Managing Director,
Tamil Nadu State Transport Corporation (Kumbakonam) Ltd.,
No.27, New Railway Station Road, Kumbakonam.
Thanjavur District – 612 001.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.20192 of 2023
L.VICTORIA GOWRI, J.
PNM
ORDER IN
W.P.(MD).No.20192 of 2023
18.08.2023
https://www.mhc.tn.gov.in/judis
