Madras High Court
J.Chellapandiyan vs The Tamil Nadu State Transport ... on 9 August, 2023
W.P.(MD).No.19236 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.08.2023
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD).No.19236 of 2023
J.Chellapandiyan
... Petitioner
Vs
1. The Tamil Nadu State Transport Corporation (Kumbakonam) Limited,
Rep. by its Managing Director,
Kumbakonam.
2. The General Manager,
The Tamil Madu State Transport Corporation (Kumbakonam) Limited,
Trichy Region, Trichy-620 001.
3. The Chief Financial Officer,
The Tamil Nadu State Transport Corporation (Kumbakonam) Limited,
Kumbakonam-612 001.
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 the petitioner surrender leave salary so for not given by the Respondent
Corporation for 135 days for the value of Rs.1,70,835.00/- (Rupees One Lakh
Seventy Thousand Eight Hundred and Thirty Five only) in respect of the years
2011 to 2019, together with interest at the rate of 18 % per annum payable from
the date of retirement to till the date of actual payment.
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W.P.(MD).No.19236 of 2023
For Petitioner : Mr.D.Sivaraman
For Respondents : Mr.K.Jegadeesh Balan
Standing Counsel
ORDER
The present writ petition has been filed seeking direction to the
Respondents to settle the petitioner surrender leave salary so for not given by
the Respondent Corporation for 135 days for the value of Rs.1,70,835.00/-
(Rupees One Lakh Seventy Thousand Eight Hundred and Thirty Five only) in
respect of the years 2011 to 2019, together with interest at the rate of 18 % per
annum payable from the date of 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 Conductor. He retired from
service as Conductor on 31.07.2022. He had 135 days of earned leave to his
credit.
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W.P.(MD).No.19236 of 2023
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.
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:
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W.P.(MD).No.19236 of 2023
' 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. ”
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.
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W.P.(MD).No.19236 of 2023
7. This Writ Petition stands disposed of on these terms. There shall
be no order as to costs.
09.08.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes
PNM
To
1. The Tamil Nadu State Transport Corporation (Kumbakonam) Limited,
Rep. by its Managing Director,
Kumbakonam.
2. The General Manager,
The Tamil Madu State Transport Corporation (Kumbakonam) Limited,
Trichy Region, Trichy-620 001.
3. The Chief Financial Officer,
The Tamil Nadu State Transport Corporation (Kumbakonam) Limited,
Kumbakonam-612 001.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.19236 of 2023
L.VICTORIA GOWRI, J.
PNM
ORDER IN
W.P.(MD).No.19236 of 2023
09.08.2023
https://www.mhc.tn.gov.in/judis
