L.Rajendar v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.03.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN L.Rajenar

...Petitioner

-VsThe Managing Director, Tamil Nadu State Transport Corporation (Coimbatore) Limited, 37, Mettupalayam Road, Coimbatore.

... Respondent Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent to pay the amount payable towards encashment of 45 days of Earned Leave surrendered by the petitioner in the years before the petitioner's retirement as admitted by the respondent either based on the petitioner's monthly wages of the respective months of surrender of these Earned leaves together with 18% interest per annum from the respective due dates or based on the monthly wages payable on the month of the petitioner's retirement together with 18% interest from the date of the petitioner's retirement and to pay the interest amount of 18% per annum for the belated payment of terminal benefits from 31.05.2019 to 28.01.2024 within stipulated time.

For Petitioner : Mr.M.Karthik For Respondent : Mr.C.Gouthamaraj, Standing Counsel

ORDER

This Writ Petition has been filed for a direction directing the respondent to pay the amount payable towards encashment of 45 days of Earned Leave surrendered by the petitioner before his retirement with applicable interest.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The petitioner had worked in the Tamil Nadu State Transport Corporation and retired from service on 31.05.2019. On the date of retirement, he was working as Special Grade Driver in the respondent Corporation. However, he was not paid the encashment of surrendered Earned Leave Salary for 45 days to the tune of Rs.24,353/-. Though the petitioner made several representations, it was not considered so far.

4. Considering the facts and circumstances of the case, the respondent is directed to disburse the Earned Leave Salary, which was surrendered by the petitioner, before his retirement, for 45 days with applicable interest within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition stands disposed of.

No costs.

08.03.2024 (1/15) Internet: Yes Index : Yes/No Lpp To The Managing Director, Tamil Nadu State Transport Corporation (Coimbatore) Limited, 37, Mettupalayam Road, Coimbatore.

G.K.ILANTHIRAIYAN. J,

Lpp 08.03.2024 (1/15)