Madras High Court
M. Periyasamy vs The General Manager on 24 November, 2023
Author: M.S.Ramesh
Bench: M.S. Ramesh
W.P.Nos.33066, 33069, 33072, 33074,
33075, 33077, 33079 & 33080 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.11.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH
W.P.Nos.33066, 33069, 33072, 33074,
33075, 33077, 33079 & 33080 of 2023
WP.No.33066/2023
M. Periyasamy ... Petitioner
Vs.
The General Manager,
Tamil Nadu State Transport
Corporation (Coimbatore) Ltd.,
37, Mettupalayam Road,
Coimbatore. ... Respondent
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus, directing the respondent to pay the
petitioner the amount payable towards the encashment of 13 days of earned
leave surrendered by him in the years before his retirement, as admitted by
the respondent either based on his monthly wages of the respective months
of surrender of these earned leaves together with 18% interest per annum
from the respective due dates or based on the monthly wages payable on the
month of his retirement together with 18% interest from the date of his
retirement within stipulated time as may be fixed by this Court.
1/4
https://www.mhc.tn.gov.in/judis
W.P.Nos.33066, 33069, 33072, 33074,
33075, 33077, 33079 & 33080 of 2023
For Petitioner : Mr.J. Titus Enock
For Respondent : Mr.C. Gawthamaraj,
Standing Counsel
COMMON ORDER
By consent of all the parties, these Writ Petitions are taken up for
final disposal at the stage of admission itself.
2. Aggrieved against the non-settlement of the surrender leave salary
to the petitioners, they have claimed settlement of surrender leave salary,
together with interest in this Writ Petition.
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
https://www.mhc.tn.gov.in/judis
W.P.Nos.33066, 33069, 33072, 33074,
33075, 33077, 33079 & 33080 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 petitioners
herein would be entitled for claim of surrender leave salary for the eligible
amount, together with interest at the rate of 6% per annum payable from
the date of their retirement till the date of actual disbursement.
https://www.mhc.tn.gov.in/judis
W.P.Nos.33066, 33069, 33072, 33074,
33075, 33077, 33079 & 33080 of 2023
M.S.RAMESH,J.
Sni
5. In the light of the above observations, the respondent herein is
directed to disburse the surrender leave salary to the petitioners herein, as
ordered above, in six equal monthly installments, whereby the first
installment shall commence from 1st of January, 2024. Accordingly, the
Writ Petitions stand ordered. No costs.
24.11.2023
Index:Yes/No
Speaking order/Non-speaking order
Sni
To
The General Manager,
Tamil Nadu State Transport
Corporation (Coimbatore) Ltd.,
37, Mettupalayam Road,
Coimbatore.
W.P.Nos.33066, 33069, 33072, 33074,
33075, 33077, 33079 & 33080 of 2023
https://www.mhc.tn.gov.in/judis
