E.Selvaraj vs The Tamil Nadu State Transport
2023 Latest Caselaw 7016 Mad

                                                          1                 W.P.(MD)NO.15161 OF 2023

                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                      DATED: 26.06.2023

                                                              CORAM

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                                   W.P.(MD)No.15161 of 2023

                     E.Selvaraj                                                  ... Petitioner
                                                               Vs.

                     1. The Tamil Nadu State Transport
                         Corporation (Kumbakonam) Ltd.,
                        Rep. by its Managing Director,
                        Kumbakonam.

                     2. The General Manager,
                        Tamil Nadu State Transport
                         Corporation (KMB) Ltd.,
                        Kumbakonam Region,
                        Kumbakonam.                                             ... Respondents

                                  Prayer: Writ petition is filed under Article 226 of the Constitution
                     of India, to issue a Writ of Mandamus, directing the respondents to pay
                     the petitioner's surrender leave salary for 135 days for the years
                     2011-2022 together with interest at the rate of 18%t per annum from the
                     date of the petitioner retirement to till the date of disbursement within the
                     time that may be stipulated by this Court.
                                  For Petitioner     : Mr.K.A.S.Prabhu
                                  For Respondents : Mr.K.Ramaiah,
                                                    Standing Counsel.

                                                         ***
https://www.mhc.tn.gov.in/judis
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                                                          2                   W.P.(MD)NO.15161 OF 2023



                                                          ORDER

Heard the learned counsel on either side.

2. The petitioner was employed as Security Seargent. He retired

from service on 31.07.2022. 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 2011 to 2022, 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

employee had sought for payment of his surrender leave salary https://www.mhc.tn.gov.in/judis

3 W.P.(MD)NO.15161 OF 2023

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. '

The aforesaid order came to be confirmed by the Hon'ble

Division Bench of this Court in a Judgment passed in

https://www.mhc.tn.gov.in/judis

4 W.P.(MD)NO.15161 OF 2023

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. This writ

petition stands allowed on these terms. No costs.

                                                                                         26.06.2023

                     NCS      : Yes / No
                     Index : Yes / No
                     Internet : Yes / No
                     PMU

https://www.mhc.tn.gov.in/judis

5 W.P.(MD)NO.15161 OF 2023

To:

1. The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Rep. by its Managing Director, Kumbakonam.

2. The General Manager, Tamil Nadu State Transport Corporation (KMB) Ltd., Kumbakonam Region, Kumbakonam.

https://www.mhc.tn.gov.in/judis

6 W.P.(MD)NO.15161 OF 2023

G.R.SWAMINATHAN,J.

PMU

W.P.(MD)No.15161 of 2023

26.06.2023

https://www.mhc.tn.gov.in/judis