N.P. Mahasamy v. The Management Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.03.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN N.P.Mahasamy

...Petitioner

-VsThe Management of Tamil Nadu State Transport Corporation (Kovai) Limited, Erode Region, Rep.by its Managing Director, Erode.

... 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 petitioner the amount payable towards the encashment of 75 days of earned leave, surrendered by him in the years before his retirement, as admitted by the respondent in the RTI information dated 16.12.2023, 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. For Petitioner : Mr.V.Ajoy Khose For Respondent : Mr.M.Muralivinoth Standing Counsel

ORDER

This Writ Petition has been filed for a direction directing the respondent to pay the amount payable towards encashment of 75 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 31.10.2019. On the date of retirement, he was working as Special Grade Conductor in the respondent Corporation. However, he was not paid the encashment of surrendered Earned Leave Salary for 75 days to the tune of Rs.68,985/-. 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 75 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 (6/7) Index : Yes/No Speaking/Non Speaking order Lpp To The Managing Director, Tamil Nadu State Transport Corporation (Kovai) Limited, Erode Region, Erode.

G.K.ILANTHIRAIYAN. J, Lpp

08.03.2024 (6/7)