Madras High CourtWP/1533/2024disposed of

G.P.Marappan v. The Management Of

2024-01-29Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.01.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN G.P.Marappan ... Petitioner -VsThe Management of Tamilnadu State Transport Corporation (Kovai) Ltd., Erode Region Rep. by its Managing Director Erode.

... Respondent Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus directing the Respondent to pay the petitioner the amount payable towards the encashment of 45 days of earned leaves, surrendered by him in the years before his retirement, as admitted by the respondent in the RTI Information dated 12.09.2023, 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, within a time frame as may be fixed by this Court.

For Petitioner : Ms.H.Nandhini

For Mr.V.Ajay Khose For Respondent : Mr.M.Murali Vinodh Standing Counsel

ORDER

This Writ Petition has been filed for direction directing the respondent to pay the petitioner for the amount payable towards the encashment of 45 days of earned leave surrendered by the petitioner with interest at the rate of 18% per annum.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The petitioner was appointed/working as Conductor in the respondent Corporation from 14.05.1982. After competition of 34 years of service, he retired from service. While settling his terminal benefits, the respondent failed to pay and settle the amount payable towards 45 days of earned leave, which were surrendered by the petitioner before his retirement. It is also admitted by the respondent in the information dated 12.09.2023 given under RTI Act that the petitioner is entitled for the same.

4. Considering the above facts and circumstances of the case, the

respondent is directed to pay the amount payable towards the encashment of 45 days of earned leave surrendered by the petitioner with applicable interest within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition is disposed of. No costs.

29.01.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order Lpp To The Managing Director Tamilnadu State Transport Corporation (Kovai) Ltd., Erode Region, Erode.

G.K.ILANTHIRAIYAN. J, Lpp

29.01.2024