Madras High Court
M.Sundaresan vs The Management Of on 8 September, 2023
W.P.(MD).No.21805 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.09.2023
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD).No.21805 of 2023
M.Sundaresan ... Petitioner
Vs.
The Management of
Tamil Nadu State Transport Corporation
(Kumbakonam) Limited,
Kumbakonam Region,
Represented by its Managing Director,
Kumbakonam. ... 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 pay
the petitioner the amount towards the encashment of 135 days of earned leaves
surrendered by him in the years from 2011 to 2020 before his retirement either
based on his monthly wages of the respective months of surrender of those
earned leaves, together with 18% interest p.a. 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.
For Petitioner : Mr.S.Arunachalam
For Respondent : Mr.K.Jegadeesh Balan
Standing Counsel
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1/6
W.P.(MD).No.21805 of 2023
ORDER
The present writ petition has been filed seeking direction to the
respondent to pay the petitioner the amount towards the encashment of 135
days of earned leaves surrendered by him in the years from 2011 to 2020 before
his retirement either based on his monthly wages of the respective months of
surrender of those earned leaves, together with 18% interest p.a. 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.
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 Driver. He retired from service as
Special Grade Driver on 31.03.2022. He had 135 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
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W.P.(MD).No.21805 of 2023
of the petitioner is that since 2011-2020, the employees of the respondent
Corporation were not allowed to surrender earned leave and encash the same. It
is now sought to be claimed.
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
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
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W.P.(MD).No.21805 of 2023
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 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 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. There shall be no
order as to costs.
08.09.2023
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.21805 of 2023
NCC : Yes / No
Index : Yes / No
Internet : Yes
BTR
To
The Managing Director,
The Management of
Tamil Nadu State Transport Corporation
(Kumbakonam) Limited,
Kumbakonam Region,
Kumbakonam.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.21805 of 2023
L.VICTORIA GOWRI, J.
BTR
W.P.(MD).No.21805 of 2023
08.09.2023
https://www.mhc.tn.gov.in/judis
