M.Subramani v. The Management Of Tamilnadu State Transport Corporation (Kovai) Ltd.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.03.2025

CORAM

THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.No.7377 of 2025 M.Subramani .. Petitioner Vs.

The Management of Tamil Nadu State Transport Corporation (Kovai) Ltd, Erode Region, Rep. by its Managing Director, Erode.

.. Respondent 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 petitioner the amount, payable towards the encashment of 45 days of earned leave surrendered by him in the years before his retirement and Employees Retirement Benefit Scheme, as admitted by the respondent in the RTI information dated 14.12.2021 and 22.02.2022 together with 18% interest from the respective due dates, within a time frame as may be fixed by this Court.

For Petitioner (s) .. Mr.V.Ajoy Khose For Respondent (s) .. Mr.M.Murali Vinodh, Standing Counsel

ORDER

This Writ Petition has been filed in the nature of a Mandamus seeking a direction against the respondent to pay the retirement benefits of the petitioner including encashment of earned leave surrendered by the him during his service together with interest at 18% per annum. 2.In the affidavit filed in support of the writ petition, it had been stated that the petitioner had joined the respondent Corporation on 13.03.1986 as Junior Tradesman and retired from service on attaining the age of superannuation on 30.04.2020. The petitioner was serving as Senior Grade Tradesman. It had been stated that there has been a delay in payment of retirement benefits including earned leave surrender amount. In this connection, the petitioner had given a representation dated 03.01.2025. 3.Heard the learned Standing Counsel for the respondent.

4.A direction is given to the respondent to examine the service register of the petitioner and determine whether the retirement benefits including encashment of the earned leave surrendered had been paid to the petitioner and if not paid, pay the same with interest at 6% per annum from the date of retirement till date of actual disbursement. The entire proceedings must be completed within a period of three months from the date of receipt of a copy of this order. If there is a delay beyond three months, then the rate of interest would be 12% per annum from the date of retirement till date of actual disbursement.

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

03.03.2025 Index:Yes/No Internet:Yes/No smv To Managing Director The Management of Tamil Nadu State Transport Corporation (Kovai) Ltd, Erode Region, Erode.

C.V.KARTHIKEYAN,J.

smv W.P.No.7377 of 2025 03.03.2025