Madras High Court
R.Rathinasamy vs The Managing Director on 26 July, 2023
W.P.(MD).No.17939 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.07.2023
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD).No.17939 of 2023
R.Rathinasamy ... Petitioner
Vs.
The Managing Director,
Tamil Nadu State Transport
Corporation (Kumbakonam) Ltd.,
TNSTC Head Office,
27, Railway Station New Road,
Kumbakonam-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
disburse the earned leave salary for 81 days surrendered by the petitioner from
the year 2011, together with interest at the rate of 6% per annum from the date
of his retirement to till the date of actual payment to be made by the respondent,
by considering the petitioner's representation dated 30.06.2023.
For Petitioner : Mr.P.Vijaynivas
For Respondent : Mr.K.Ramaiah
Standing Counsel
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1/6
W.P.(MD).No.17939 of 2023
ORDER
The present writ petition has been filed seeking direction to the
respondent to disburse the earned leave salary for 81 days surrendered by the
petitioner from the year 2011, together with interest at the rate of 6% per
annum from the date of his retirement to till the date of actual payment to be
made by the respondent, by considering the petitioner's representation dated
30.06.2023.
2. Heard the learned counsel on either side.
3. The petitioner was employed as Driver. He retired from service as
Special Grade Driver on 31.05.2022. He had 81 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 2011-2022, the employees of the respondent
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W.P.(MD).No.17939 of 2023
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 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
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W.P.(MD).No.17939 of 2023
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.
7. This Writ Petition stands disposed of on these terms. No costs.
26.07.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes/ No
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https://www.mhc.tn.gov.in/judis
W.P.(MD).No.17939 of 2023
To
The Managing Director,
Tamil Nadu State Transport
Corporation (Kumbakonam) Ltd.,
TNSTC Head Office,
27, Railway Station New Road,
Kumbakonam-612 001.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.17939 of 2023
L.VICTORIA GOWRI, J.
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W.P.(MD).No.17939 of 2023
26.07.2023
https://www.mhc.tn.gov.in/judis
