A.Karthikeyan, v. The Managing Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.03.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN A.Karthikeyan ... Petitioner -Vs1. The Managing Director, Metropolitan Transport Corporation (Chennai) Ltd., Pallavan Illam, Mount Road, Pallavan Salai, Chennai - 600 002.
2. The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam Division, Thanjavur District.
3. The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam Division, Thanjavur District.
... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing a)The 2nd and 3rd respondent to Sanction Surrender leave for the
period from 2010 to 2018 (More than 9 years) b) and further directing the 1st respondent to sanction Surrender leave for the period from 2019 to 2020 (2 years) along with 6 percentage rate of interest within the time limit that may be stipulated by this Hon'ble Court. For Petitioner : Mr.N.Sudhagar Nagaraj For R2 and R3 : Mr.A.Vinothraj Standing Counsel
ORDER
This writ petition has been filed for direction directing the third respondent to sanction the surrender leave and disburse the same with applicable interest.
2. Heard the learned counsel on either side and perused the materials available on record.
3. The petitioner had joined in the service of the second and third respondents Corporation as Mechanic on 29.08.1985. Thereafter, due to his family situation, he offered for retirement on voluntary retirement scheme. Accordingly, the petitioner was permitted to retire from service on voluntary retirement scheme, on 31.08.2020. At the time of his retirement, he was working as Assistant Engineer under the first respondent in Mandaveli Branch. However, he was not settled with Earned Leave. Therefore, the petitioner
submitted a representation seeking sanction of surrender leave for the period from 2010 to 2018 and from the period 2019 to 2020.
4. Considering the above, the second and third respondents are directed to pass appropriate order on the representation submitted by the petitioner seeking sanction of surrender leave from the period 2010 to 2018 and from the period 2019 to 2020, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.
5. With the above directions, this writ petition is disposed of. There shall be no order as to costs.
27.03.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn
G.K.ILANTHIRAIYAN. J, mn To
1. The Managing Director, Metropolitan Transport Corporation (Chennai) Ltd., Pallavan Illam, Mount Road, Pallavan Salai, Chennai - 600 002.
2. The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam Division, Thanjavur District.
3. The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam Division, Thanjavur District.
27.03.2024