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Madras High CourtWP/136/2023disposed of

M.Srinivasan v. The Managing Director

2023-01-05Honourable Mr Justice Abdul Quddhose5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.01.2023

CORAM

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE M.Srinivasan ... Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Salem) Ltd., Salem Division, No.12, Ramakrishna Road, Post Box No.713, Salem - 636 007.

2.The General Manager, Tamil Nadu State Transport Corporation (Salem) Ltd., Salem Division, No.12, Ramakrishna Road, Post Box No.713, Salem - 636 007.

... Respondents PRAYER: Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 and 2 herein to sanction the surrendered earned leave salary of Rs.50,000/- and balance amount of VRS compensation Rs.25,000/- to the petitioner along with 6% interest per annum.

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For Petitioner :

Mr.N.Sudhagar Nagaraj For Respondents :

Mr.K.Raja Standing Counsel

ORDER

By consent of both the parties, this Writ Petition has been taken up for final hearing in the admission stage itself.

2. The grievance of the petitioner in this Writ Petition is that eventhough he had surrendered Earned Leave, while he was in service, he has not been paid his Earned Leave salary of Rs.50,000/-. It is also stated that there is a balance amount of Rs.25,000/- payable to him towards his voluntary retirement service compensation.

3. According to the petitioner, since the aforesaid amount has not been paid, he is also entitled for interest at the rate of 6% per annum. He has given a representation on 22.12.2022 for the aforementioned purpose. Since the representation has not been considered till date, he has filed this Writ Petition.

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4. Heard Mr.N.Sudhagar Nagaraj, learned counsel for the petitioner and Mr.K.Raja, learned Standing Counsel who accepts notice on behalf of the respondents.

5. No prejudice would be caused to the respondents if the petitioner's representation as stated supra is considered on merits and in accordance with law, within a time frame to be fixed by this Court.

6. This Court is not expressing any opinion on the merits of the petitioner's representation.

7. For the foregoing reasons, this Court directs the respondents to pass final orders, on merits and in accordance with law, on the petitioner's representation dated 22.12.2022, seeking for payment of his Earned Leave salary which according to him amounts to Rs.50,000/- and for payment of voluntary retirement service compensation, which according to him is Rs.25,000/-, together with interest at the rate of 6% per annum, within a 3/5

period of twelve weeks from the date of receipt of a copy of this order.

8. With the aforementioned directions, this Writ Petition is disposed of. No Costs.

05.01.2023 Index : Yes/No Speaking Order : Yes / No ab To 1.The Managing Director, Tamil Nadu State Transport Corporation (Salem) Ltd., Salem Division, No.12, Ramakrishna Road, Post Box No.713, Salem - 636 007.

2.The General Manager, Tamil Nadu State Transport Corporation (Salem) Ltd., Salem Division, No.12, Ramakrishna Road, Post Box No.713, Salem - 636 007.

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ABDUL QUDDHOSE. J., ab 05.01.2023 5/5