K.Kalamani, v. Tamilnadu State Transport Corporation (Kovai) Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.02.2025

CORAM

THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.No.4878 of 2025 K.Kalamani .. Petitioner Vs.

Tamil Nadu State Transport Corporation (Kovai) Ltd., Rep. by its Managing Director, No.37, Mettupalayam Road, Coimbatore - 43.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to pay the amount payable to the petitioner towards encashment of 45 days of earned leave surrendered by the husband of the petitioner in the years before his retirement as admitted by the respondent, either based on his monthly wages of the respective months of surrender of those earned leaves, together with 18% interest per annum from the respective due dates or based on the monthly wages payable on the month of petitioner's husband retirement, within a time frame.

For Petitioner .. Mr.R.Krishnawamy For Respondent .. Mr.Murali Vinodh, Standing Counsel

ORDER

This Writ Petition has been filed in the nature of a Mandamus seeking a direction to pay the amount towards encashment of 45 days of earned leave surrendered by the husband of the petitioner, together with interest at 18% per annum.

2.In the affidavit filed in support of the writ petition it had been stated that the husband of the petitioner had joined as conductor in the respondent Corporation on 30.01.1992 and was also made permanent. He retired from service on attaining the age of superannuation on 31.10.2017. The husband of the petitioner was serving as Senior Grade Conductor. It had been stated that the husband of the petitioner had unfortunately died on 18.05.2024. Therefore, the petitioner seeks payment, towards encashment of 45 days of earned leave surrendered by her husband, together with interest at 18% per annum. In this connection, the petitioner had given a representation dated

18.10.2024.

3.A direction is issued to the respondent to examine the representation dated 18.10.2024 and the service register of the husband of the petitioner and also examine whether he is eligible for encashment of earned leave and thereafter, take a decision in accordance with the rules and regulations to pay the amount together with appropriate interest. The entire procedure must be completed within a period of four months from the date of receipt of a copy of this order.

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

13.02.2025 Index:Yes/No Internet:Yes/No smv To Managing Director, Tamil Nadu State Transport Corporation (Kovai) Ltd., No.37, Mettupalayam Road, Coimbatore - 43.

C.V.KARTHIKEYAN,J.

smv W.P.No.4878 of 2025 13.02.2025