G.Jayabalan v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :31.01.2024

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN G.Jayabalan ... Petitioner -Vs1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., No.3/137, Salamedu, Vazhutha Reddy P.O, Villupuram - 605 602.

2. The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd, Kanchipuram Region, Chennai - Bangalore National Highway, Karapet Post, Kanchipuram - 631 552.

... Respondents Prayer:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the respondents to pay 15 days leave salary surrendered in August 2018, difference in leave salary, increased D.A for a months from January 2019 to April 2019 and one increment amount for 3 months with 10% interest to the petitioner. For Petitioner : Mr.S.T.Varadarajalu For Respondents : Mr.R.Venkatesa Perumal

Senior Counsel

ORDER

This Writ Petition has been filed seeking direction to the respondents to pay 15 days leave salary surrendered in August 2018 difference in leave salary, increased D.A for 4 months from January 2019 and one increment amount for 3 months with 10 percent interest to the petitioner.

2. Petitioner had joined service as Junior Trades Man on 23.05.1981. Subsequently, he was promoted as Foreman. He retired from service as Foreman on reaching the age of superannuation. During his service, he surrendered 15 days of earned leave in August 2018. However, petitioner has not paid surrendered of earned leave. Petitioner retired in the month of April, 2019. At that time, he is entitled to get 9% Dearness Allowance. Subsequently, 9% Dearness Allowance was increased to 12% with effect from 01.01.2019. Further, probation came to end in November 2018. From December 2018, the respondent has to give one annual increment. However, he was given increment only in March 2019. Further, petitioner also filed a complaint under Right to

Information Act and thereby they replied that, he is entitled to these claims.

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

4. Considering the above facts and circumstances and also considering the request made by the petitioner, this Court directs the respondent the respondents to pay 15 days leave salary surrendered in August 2018, difference in leave salary, increased D.A for a months from January 2019 to April 2019 and one increment amount for 3 months with applicable interest to the petitioner.

5. With the above direction, the writ petition is disposed of. No costs.

31.01.2024 Internet : Yes Index : Yes/No Sma

G.K.ILANTHIRAIYAN, J.

Sma To 1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., No.3/137, Salamedu, Vazhutha Reddy P.O, Villupuram - 605 602.

2. The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd, Kanchipuram Region, Chennai - Bangalore National Highway, Karapet Post, Kanchipuram - 631 552.

31.01.2024