A.Jayakumar v. The Management Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 11.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.5480 of 2022 A.Jayakumar ... Petitioner Vs.
The Management of Tamilnadu State Transport Corporation (Kovai) Ltd., Rep. by its Managing Director, Coimbatore.
... Respondent Prayer: Writ petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus, directing the respondent to pay the petitioner the amount payable towards the encashment of 75 days of earned leaves, surrendered by him 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 p.a. from the respective due dates or based on the monthly wages payable on the month of his retirement, together with 18% interest from the date of his retirement, within a time frame fixed by this Court. For Petitioner : Mr.V.Ajoy Khose For Respondent : Mr.A.Sundaravadhanan Standing Counsel
ORDER
By consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.
2. This writ petition has been filed seeking to issue a Writ of Mandamus to direct the respondent to pay the petitioner the amount payable towards the encashment of 75 days of earned leaves, surrendered by him 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 interest p.a. from the respective due dates or based on the monthly wages payable on
the month of his retirement, together with 18% interest from the date of his retirement, within a time frame fixed by this Court.
3. Heard the learned Counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondent.
4. The petitioner was working as Junior Assistant under the respondent Transport Corporation and he retired from service on attaining the age of superannuation on 30.06.2019 as Senior Assistant. The respondents have not settled the amount of Rs.64,806/- towards 75 days of encashment of Earned Leave surrendered by the petitioner. Hence, he made a representation on 25.10.2021, but the respondents neither given reply nor pay the amount. The petitioner is entitled for the aforesaid amount along with interest. Hence, this writ petition has been filed.
5. The learned Standing Counsel appearing for the respondent submitted that, the respondent fairly accepted the fact that the respondent Corporation have not settled the Earned Leave encashment benefits to the petitioner. However, he would submit that if the representation of the petitioner was received, the same will be considered by the respondent Corporation and appropriate orders will be passed in accordance with law.
6. In view of the above submissions, this Court is inclined to direct the respondent to consider the representation of the petitioner dated 25.10.2021, with regard to encashment of 75 days of Earned Leave surrendered by him and pass appropriate orders on its own merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. If otherwise, there is no dispute regarding the aforesaid earned leave amount as indicated in the communication sent by the respondent Corporation to the petitioner under RTI Act, the respondent has to pay interest at the rate of 4% per annum for the belated payment. It is also made clear that in default, the respondent-Corporation shall have to pay the interest amount at the rate of 6% per annum to the petitioner.
7. With the above directions, the writ petition is disposed of at the admission stage itself. No costs. Sd/- Assistant Registrar (CS-II) //True Copy// Sub Assistant Registrar
ata/uma To The Managing Director, Tamilnadu State Transport Corporation (Kovai) Ltd., Coimbatore.
+1cc to Mr.A.Sundaravadhanan, Advocate SR. No.16787 W.P.No.5480 of 2022 GPL (CO) PR (29/03/2022)