S.Venkatesan-10232 v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.01.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN S.Venkatesan Petitioner

Versus

1.The Managing Director, Tamilnadu State Transport Corporation(Villupuram) Ltd., 3/137, Salamedu, Valudhareddy Post, Villupuram 605 602 2.The General Manager, Tamilnadu State Transport Corporation(Villupuram) Ltd., Kancheepuram Regional Office, Ponnerikkarai, Karapettai, Chennai Bangaluru Highway, Kancheepuram 631 552 Respondents PRAYER:

Writ Petition is filed under Article 226 of Constitution of India praying to issue a writ of mandamus directing the respondents to pay the 1/6

pending amount of Rs.1,21,313/- of total surrender value of Earned leave as communicated in Letter No.10667 - 11969(1217)/PIO/ TNSTC(V) 2023 dated 18.12.2023 under Right to Information Act, 2005 along with interest at the rate of 6% per annum payable from the date of retirement in the light of the judgment passed by this Court on 30.10.2023 in WP.No.30620 of 2023 within the time that may be stipulated by this Court.

For Petitioner : Mr.N.Ishak For Respondents For R1 & 2 : Mr.R.Venkatesa Perumal, Standing Counsel

ORDER

This writ petition has been filed for direction to the respondents to pay the pending amount of Rs.1,21,313/- of total surrender value of Earned leave with 6% interest. 2.

Heard, the learned counsel appearing on either side. 2/6

3.

The petitioner had entered the services of the respondents Corporation as Assistant Engineer on 07.10.1988. He retired from service as Senior Deputy Manager on 31.05.2022. Due to his retirement, he is entitled for other retirement benefits on 31.05.2022 itself. However, surrender value of earned leave amount is still pending with the respondents even after settling terminal benefits on 05.06.2023. In fact, the petitioner also obtained information under Right to Information Act about the pending quantum of the said amount payable to the petitioner by the communication dated 04.12.2023. The respondents by its letter dated 18.12.2023, informed that a sum of Rs.58,785/- as surrender value of earned leave in 2018 and Rs.62,528/- as surrender value of earned leave in 2019 are pending payable to the petitioner. 4.

Considering the above facts and circumstances, the respondents are directed to pay the pending amount of Rs.1,21,313/- under the Head of 'surrender value of earned leave' with interest at the rate of 6% per annum, within a period of twelve weeks from the date of receipt of copy of this order.

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5.

With the above direction, this writ petition is disposed of. There shall be no order as to costs.

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To 1.The Managing Director, Tamilnadu State Transport Corporation(Villupuram) Ltd., 3/137, Salamedu, Valudhareddy Post, Villupuram 605 602 2.The General Manager, Tamilnadu State Transport Corporation(Villupuram) Ltd., Kancheepuram Regional Office, Ponnerikkarai, Karapettai, Chennai Bangaluru Highway, Kancheepuram 631 552 5/6

G.K.ILANTHIRAIYAN, J.

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