Madras High Court
M.Sekar vs The Managing Director on 21 June, 2023
W.P(MD)No.9401 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.06.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.9401 of 2023
M.Sekar ... Petitioner
Vs.
1.The Managing Director,
Tamil Nadu State Transport Corporation (KMB) Ltd.,
New Railway Station Road,
Kumbakonam-612001.
2.The General Manager,
Tamil Nadu State Transport Corporation (KMB) Ltd.,
Pudukkottai Region,
Thirumayam Road,
Pudukkottai. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this
Court to issue a Writ of Mandamus, to direct the respondents to settle petitioner's
surrender leave salary for 135 days in respect of the years 2011-2012, 2012-2013,
2013-2014, 2014-2015, 2015-2016, 2016-2017, 2017-2018, 2018-2019, 2019-2020
and 2020-2021 together with interest at the rate of 18 % per annum payable from the
date for retirement to till the date of actual payment.
For Petitioner : Mr.K.Gokul
For Respondents : Mr.K.Jagadees Balan
Standing Counsel
1/5
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W.P(MD)No.9401 of 2023
ORDER
Heard the learned counsel on either side.
2. The petitioner was employed as Junior Engineer in the
respondent Corporation. He retired on 28.08.2021. He had 135 days of
earned leave to his credit.
3. It is well settled that an 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 2009 to 2020, the employees
of the respondent corporation were not allowed to surrender earned leave
and encash the same. It is now sought to be claimed.
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
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W.P(MD)No.9401 of 2023
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.9401 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. ”
5. 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 the
petitioner's retirement till the date of actual disbursement within a period
of twelve weeks from the date of receipt of a copy of this order.
6. This writ petition stands allowed on these terms. No costs.
21.06.2023
NCC : Yes/No
Index : Yes / No
Internet : Yes/ No
rmi
https://www.mhc.tn.gov.in/judis
W.P(MD)No.9401 of 2023
G.R.SWAMINATHAN, J.
rmi
W.P(MD)No.9401 of 2023
21.06.2023
https://www.mhc.tn.gov.in/judis
