Madras High Court
R.Rameshbabu vs The Management Of on 8 January, 2024
W.P.(MD).No.221 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.01.2024
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD).No.221 of 2024
R.Rameshbabu
... Petitioner
Vs
The Management Of,
Tamilnadu State Transport Corporation (Kumbakonam) Limited,
Trichy Region,
Rep. by its General Manager,
Trichy.
... 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 payable towards the encashment of 89 days of earned
leave, surrendered by him in the years before his retirement, as admitted by the
respondent in the settlement of account, dated 04.01.2023, either based on him
monthly wages of the respective months of surrender of those earned leaves,
together with 18 percent interest per annum from the respective due dates or
based on the monthly wages payable on the month of his retirement, together
with 18 percent interest from the date of his retirement, within a time frame as
may be fixed by this Court.
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1/6
W.P.(MD).No.221 of 2024
For Petitioner : Mr. S. Arunachalam
For Respondent : Mr.K.Jegadeesh Balan
Standing Counsel
ORDER
The present writ petition has been filed seeking direction to the
respondent to pay the petitioner the amount payable towards the encashment of
89 days of earned leave, surrendered by him in the years before his retirement,
as admitted by the respondent in the settlement of account, dated 04.01.2023,
either based on him monthly wages of the respective months of surrender of
those earned leaves, together with 18 percent interest per annum from the
respective due dates or based on the monthly wages payable on the month of
his retirement, together with 18 percent interest from the date of his retirement,
within a time frame as may be fixed by this Court.
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 Conductor by the respondent
Corporation on 20.12.1986. He retired from service on 30.11.2022. Though his
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retirement benefits were paid belatedly, he has not paid for the 89 days of
earned leave till date.
4. The grievance of the petitioner is that though the respondent has
admitted in the settlement of account, dated 04.01.2023, the amount of Rs.
83,314/- is required to be paid to the petitioner for 89 days of earned leave,
already surrendered by him, but failed to do so. 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 salary for 105 days,
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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 as admitted in the settlement of account, dated 04.01.2023, to pay
the surrender leave arrears to the petitioner towards the encashment of 89 days
of earned leave, surrendered by him in the years before his retirement and pay
the same together with interest at the rate of 6% per annum, 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.
08.01.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
PNM
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To
1. The General Manager,
The Tamil Madu State Transport Corporation (Kumbakonam) Limited,
Trichy Region, Trichy-620 001.
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L.VICTORIA GOWRI, J.
PNM
ORDER IN
08.01.2024
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