S.Shanmugam v. The Tamilnadu State Transport Corporation Limited

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.04.2024

CORAM

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY S.Shanmugam ... Petitioner Vs.

1. The Tamil Nadu State Transport Corporation Limited, Coimbatore Division I, Represented by its Managing Director, No.37, Mettupalayam Road, Coimbatore.

2. The Administrator, Tamil Nadu Pension Trust, Pallavan Salai, Chennai.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus to direct the first respondent herein to pay the amount for 65 days surrendered for leave encashment, along with interest.

For Petitioner : Mr.D.Anand Raja For Respondents :

For R1 : Mr.M.Murali Vinoth For R2 : Mr.C.S.K.Sathish Page No. 1 of 4

ORDER

This writ petition has been filed for a Mandamus to direct the first respondent herein to pay the amount for 65 days surrendered for leave encashment, along with interest.

2. Mr.M.Murali Vinoth, learned counsel takes notice on behalf of the first respondent and Mr.C.S.K.Sathish, learned counsel takes notice on behalf of the second respondent. They would submit that the eligible amount will be paid to the petitioners within a reasonable time as may be fixed by this Court.

3. The learned counsel for the petitioner submits that in all the similar cases, this Court has consistently allowed the payment with interest at the rate of 6% per annum.

Page No. 2 of 4

4. In that view of the matter, this writ petition is disposed of on the following terms:

1) The respondents are directed to disburse the surrender of earned leave amount to the petitioner if he is eligible as per the Rules within a period of twelve (12) weeks from the date of receipt of a copy of this order with interest at the rate of 6% per annum from the date it became due till the date of disbursement;

2) If the amounts are not paid within a period of twelve (12) weeks from the date of receipt of a copy of this order, thereafter, the same shall carry the interest at the rate of 12% per annum from the date it became due till the date of disbursement;

3) No costs.

04.04.2024 Index : Yes/No Speaking/Non-speaking Order rgm Page No. 3 of 4

D.BHARATHA CHAKRAVARTHY, J.

rgm To

1. The Managing Director, The Tamil Nadu State Transport Corporation Limited, Coimbatore Division I, No.37, Mettupalayam Road, Coimbatore.

2. The Administrator, Tamil Nadu Pension Trust, Pallavan Salai, Chennai.

04.04.2024 Page No. 4 of 4