Madras High Court
S.Ramamoorthy vs The Managing Director on 11 July, 2023
W.P.(MD).No.16644 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.07.2023
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD).No.16644 of 2023
S.Ramamoorthy ... Petitioner
Vs.
1.The Managing Director,
Tamil Nadu State Transport Corporation
(Madurai) Limited,
Bye Pass Road,
Madurai-10.
2.The Managing Director,
Tamil Nadu State Transport Corporation
(Kumbakonam) Limited,
New Railway Feeder 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 first respondent
to settle petitioner's unclaimed earned leave salary for the years 2011 to 2012
and 2012 to 2013 and consequently directing the second respondent to settle
petitioner's unclaimed earned leave salary for the years 2013 - 2014, 2014 -
2015, 2015 - 2016 and 2016 - 2017 together with interest at the rate of 6% per
annum payable from the date of petitioner's retirement to till the date of actual
payment.
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1/6
W.P.(MD).No.16644 of 2023
For Petitioner : Mr.K.Viralinathan
For R-1 : Mr.Ramachandra Pradeep
For R-2 : Mr.K.Jegadeesh Balan
ORDER
The present writ petition has been filed seeking direction to settle
petitioner's unclaimed earned leave salary for the years 2011 to 2012 and 2012
to 2013 and consequently directing the second respondent to settle petitioner's
unclaimed earned leave salary for the years 2013 - 2014, 2014 - 2015, 2015 -
2016 and 2016 - 2017 together with interest at the rate of 6% per annum
payable from the date of 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 Superintendent on 01.10.1985. He
retired from service on 30.04.2017. He had 330 days of earned leave to his
credit.
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W.P.(MD).No.16644 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 2011-2017, 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
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W.P.(MD).No.16644 of 2023
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. ”
6. Adopting the very same approach, I direct the respondent Corporation
to quantify the surrender leave arears 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.16644 of 2023
7. This Writ Petition stands allowed on these terms. There shall be no
order as to costs.
11.07.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes
BTR
To
1.The Managing Director,
Tamil Nadu State Transport Corporation
(Madurai) Limited,
Bye Pass Road,
Madurai-10.
2.The Managing Director,
Tamil Nadu State Transport Corporation
(Kumbakonam) Limited,
New Railway Feeder Road,
Kumbakonam.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.16644 of 2023
L.VICTORIA GOWRI, J.
BTR
W.P.(MD).No.16644 of 2023
11.07.2023
https://www.mhc.tn.gov.in/judis
