B.Subramanian v. Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.03.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH B.Subramanian
...Petitioner in W.P.No.6622/2023
P.Duraisamy
...Petitioner in W.P.No.6626/2023
Vs The Managing Director, Tamilnadu State Transport Corporation Ltd., Coimbatore Region, No.37, Mettupalayam Road, Coimbatore - 641 043.
...Respondent in both WPs
PRAYER in W.P.No.6622 of 2023: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent to pay the petitioner the amount payable towards the encashment of 60 days of earned leave surrendered by him in the years before his retirement, based on his monthly wages of the respective years of surrender of those earned leave, together with 6% interest per annum from the respective due dates.
PRAYER in W.P.No.6626 of 2023: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1/5
respondent to pay the petitioner the amount payable towards the encashment of 90 days of earned leave surrendered by him in the years before his retirement, based on his monthly wages of the respective years of surrender of those earned leave, together with 6% interest per annum from the respective due dates.
(In both WPs) For Petitioners : Mr.A.Rajendiran For Respondent : Mr.A.Sundaravadanam COMMON ORDER By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
2. Aggrieved against the non-settlement of the surrender leave salary, the petitioners have claimed settlement of surrender leave salary together with interest in the present Writ Petitions.
3. In an identical circumstance, when a similarly placed employee had sought for payment of his surrender leave salary together with interest, this Court, in the case of N.R.Suresh Babu vs. The Principal Secretary to Government and another passed in W.P.(MD).No.3757 of 2/5
2021 dated 26.02.2021, had directed the Transport Corporation to settle the surrender leave salary, together with interest at the rate of 6% per annum from the date of his retirement till the date of actual disbursement, in six equal monthly installments. The relevant portion of the order reads as follows:
"9.Accordingly, there shall be a direction to the second respondent herein to settle the surrender leave salary for 105 days, in respect of the years 2009-2016, together with interest at the rate of 6% per annum from the date of retirement till the date of actual disbursement. The second respondent shall be entitled to disburse the surrender leave salary in six Equal Monthly Installments and the 1st Installment shall commence from 1st of March 2021."
The aforesaid order came to be confirmed by the Hon'ble Division Bench of this Court in a Judgment passed in W.A.(MD).Nos.1883 to 1892 of 2021, dated 04.10.2021.
4. In view of the earlier orders passed by this Court, the petitioners herein would be entitled for claim of surrender leave salary for the 3/5
eligible amount, together with interest at the rate of 6% per annum payable from the date of their retirement, till the date of actual disbursement.
5. In the light of the above observations, the respondent herein is directed to disburse the surrender leave salary to the petitioners, as ordered above, in six equal monthly installments, whereby the first installment shall commence from 1st of May, 2023. Accordingly, both the Writ Petitions stand ordered. No costs.
03.03.2023 Index:Yes/No Speaking order/Non-speaking order hvk To The Managing Director, Tamilnadu State Transport Corporation Ltd., Coimbatore Region, No.37, Mettupalayam Road, Coimbatore - 641 043.
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M.S.RAMESH,J.
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