N.Chinnasamy v. The Management Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.03.2025

CORAM

THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN N.Chinnasamy ...

Petitioner VS.

The Management of Tamilnadu 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 for a Writ of Mandamus, directing the respondent to pay the petitioner the amount payable towards the encashment of 60 days of earned leaves, surrendered by him in the years before his retirement as admitted by the respondent in the RTI information dated 17.07.2021, either based on his monthly wages of the respective months of surrender of those earned leaves, together with 18% interest per annum 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.Murali Vinodh Standing Counsel 1/4

O R D E R

This Writ Petition has been filed in the nature of a Mandamus, seeking a direction against the respondent to pay the amount towards encashment of earned leave surrendered by the petitioner 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 Transport Corporation on 15.05.1982 as Conductor and retired from service upon attaining the age of superannuation on 31.08.2015. The petitioner was serving as Senior Checking Inspector. It had been stated that there has been a delay in payment of earned leave surrender amount. In this connection, the petitioner had given a representation dated 03.02.2025. 3.Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondent.

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4.A direction is given to the respondent to examine the petitioner's Service Register and determine whether the 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 exercise shall 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.

13.03.2025 (1/5) Index : Yes / No : Yes / No Speaking Order : Yes / No TK 3/4

C.V.KARTHIKEYAN, J.

TK To The Managing Director Management of Tamilnadu State Transport Corporation (Kovai) Ltd., Erode Region, Erode.

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