R.Sekar (Rtd Staff No Am0203) v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.02.2025

CORAM

THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN R.Sekar .. Petitioner Vs.

The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, No.12, Ramakrishna Road, Salem - 636 007.

.. Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to settle the petitioner's surrender leave salary for the years from 2009 to 2012 Rs.36,793/- and 10 days salary together with interest at the rate of 12% per annum payable from the date for retirement to till the date of actual payment.

For Petitioner : Mr.N.Desinghu For Respondent : Mr.K.Raja, Standing Counsel

ORDER

This Writ Petition has been filed in the nature of a Mandamus, seeking a direction against the respondent to settle surrender leave salary between the years from 2009 to 2012, which amount, according to the petitioner, has now come to Rs.36,793/- and 10 days salary. The petitioner also seeks interest at the rate of 12% per annum.

2. In the affidavit filed in support of the writ petition, it had been stated that the petitioner had joined as Junior Engineer in Anna Transport Corporation, Salem on 29.04.1981. He retired from service on attaining the age of superannuation on 31.10.2017 while serving as Assistant Manager. It is the claim of the petitioner that surrender leave salary between the years from 2009 to 2012 and 10 days salary had not been paid to him. In this connection, the petitioner seeks payment and had given a representation on 06.02.2024.

3. Mr. K.Raja, learned Standing Counsel had taken notice on behalf of the respondent.

4. The eligibility of the petitioner to claim earned leave salary and 10 days salary may be examined and for number of days for which the petitioner was actually eligible, the said benefits may be disbursed within a period of three months from the date of receipt of a copy of this order. Since there has been a delay in payment, the petitioner would be entitled for interest at the rate of 6% per annum on the amount payable till the date of disbursement from the date of retirement.

5. With the above observations, this Writ Petition stands disposed of. No costs.

10.02.2025 Index:Yes/No Internet:Yes/No Neutral Case Citation: Yes/No kv To The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, No.12, Ramakrishna Road, Salem - 636 007.

C.V.KARTHIKEYAN,J.

kv 10.02.2025