← Library
Madras High CourtWP/2997/2025disposed of

Rathinasamy, (Staff No. 6572) v. Tamilnadu State Transport Corporation (Kovai) Ltd

2025-01-29Honourable Mrs Justice V.Bhavani Subbaroyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.01.2025

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.2997 of 2025 Rathinasamy(Staff No.6572)

...Petitioner

Vs The Tamil Nadu State Transport Corporation(Coimbatore) Ltd., Rep by its The Managing Director, 37, Mettupalayam Road, Coimbatore - 641 043.

...Respondent

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to pay the amount payable as wages towards 45 days of earned leaves surrendered by the petitioner, while the petitioner was in service as admitted by the respondent in their RTI, with 18% interest from the date of petitioner's retirement within a specified time frame as may be fixed by this Hon'ble Court and pass orders.

For Petitioner : Mr.R. Krishnasamy For Respondents : Mr.C. Gauthamaraj Standing Counsel 1/5

ORDER

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

2.The petitioner has filed this writ petition to issue a Writ of Mandamus directing the respondents to pay the amount payable as wages towards 45 days of earned leaves surrendered by the petitioner, while the petitioner was in service as admitted by the respondent in their RTI, with 18% interest from the date of petitioner's retirement within a specified time frame as may be fixed by this Court and pass orders. 3.The case of the petitioner is that the petitioner joined the Respondent Corporation as Tradesman on 20.07.1979 and after completion of about 33 years of service he retired on 31.12.2012 as Senior Grade Tradesman. Due to paucity of funds the respondents has not settled the amount. Hence, the petitioner gave a representation to the respondents on 25.11.2024 in this regard. However, no action has been taken by the respondents till date. Hence this petition. 2/5

4.The learned counsel for the petitioner submitted that it would be suffice if this Court issues a direction to the respondents to consider the petitioner's representation and pass orders.

5. The learned standing counsel appearing for the respondents submitted that the representation of the petitioner will be considered and will pay the eligible amount with 6% interest P.A as per the earlier orders of this Court.

6.Considering the facts of the case and the submissions made by either side counsel, this Court directs the Respondent/Corporation to pay the eligible amount as payable to the petitioner along with interest at the rate of 6% per annum for the delay period in settling the said amount. This payment shall be made within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that if the amount is not paid within the time frame fixed by this Court, it will fetch an interest at the rate of 12% per annum from the date on which the amount became due and payable till the date of actual disbursement. 3/5

7.With the above directions, this Writ Petition stands disposed of. No order as to costs.

29.01.2025 7/7 Index:Yes/No Speaking order/Non-speaking order smn To The Managing Director, The Tamil Nadu State Transport Corporation(Coimbatore) Ltd., 37, Mettupalayam Road, Coimbatore - 641 043.

4/5

V.BHAVANI SUBBAROYAN,J.

Smn W.P.No.2997 of 2025 29.01.2025 7/7 5/5