S.Narayanamurthi, v. M/S.State Express Transport Corporation,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.03.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN S.Narayanamurthi

...Petitioner

-VsM/s.State Express Transport Corporation rep. By its Managing Director No.2, Pallavan Salai Chennai - 600 002.

... 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 settle a sum of Rs.2,24,465/- to the petitioner towards 79 days of reimbursable Medical Leave with 6% interest in view of orders of Government passed in G.O.(Ms).No.220, Transport (C1) Department, dated 06.08.1999 and orders of Hon'ble High Court of Madras in W.P.(MD).No.14520 of 2020 dated 21.03.2023 and W.P.Nos.29602, 29604, 29606 and 29609 of 2023 dated 12.10.2023 and W.P.No.2176 of 2024 dated 02.02.2024 and by considering the representation of the petitioner dated 26.02.2024. For Petitioner : Mr.D.Soundar Raj For Respondent : Mr.S.Sivasubramani Standing Counsel

ORDER

This writ petition has been filed for direction to the respondent to settle a sum of Rs.2,24,465/- towards 79 days of reimbursable Medical Leave with applicable interest.

2. The petitioner had joined as Junior Engineer in the respondent corporation on 11.06.1993 and retired from service on 31.03.2016 on attaining age of superannuation. He had 79 days of reimbursable Medical Leave at the time of his retirement. Therefore, he is entitle for settle a sum towards 79 days of reimbursable Medical Leave. However, as per the last drawn wages of Rs.85,240/- was taken into account for calculation of terminal benefits. Though, he was paid gratuity, pension and reimbursement of Medical Leave Salary. The petitioner's reimbursement of medical leave salary was not considered. The Government of Tamilnadu passed orders on 06.08.1999 vide G.O.Ms.No.220, Transport (C1) Department and thereby ordered to pay medical claim leave salary. Therefore, the petitioner submitted representation and it is pending on the file of the respondent.

3. Considering, the above facts and circumstances the respondent is directed to consider the request made by the petitioner and to disburse the amount towards 79 days of reimbursable Medical Leave salary to the petitioner on his last drawn pay with applicable interest within a period of two weeks from the date of receipt of copy of this order.

4. With the above direction, this writ petition is disposed of. No costs.

13.03.2024 Internet: Yes Speaking/Non Speaking order gvn To M/s.State Express Transport Corporation rep. By its Managing Director No.2, Pallavan Salai Chennai - 600 002.

G.K.ILANTHIRAIYAN. J, gvn 13.03.2024