K.Gopal v. Tamilnadu State Transport

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.03.2024

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P. Nos.10304 & 10308 of 2021 K.Gopal ... Petitioner in W.P.No.10304 of 2021 R.Rajagopal ... Petitioner in W.P.No.10308 of 2021 Vs.

Tamilnadu State Transport Corporation (Coimbatore) Ltd.

Rep. by its Managing Director, No. 37, Mettupalayam Road, Coimbatore 43.

... Respondent in both W.Ps.

Prayer in W.P.No.10304 of 2021: Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondent to pay the petitioner a sum of Rs.25,747/- towards salary for 60 days earned leave which he has surrendered during the petitioner service and as admitted by them in the RTI reply dated 13.12.2019 together with interest at the rate of 12 % per annum.

Prayer in W.P.No.10308 of 2021: Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondent to pay the petitioner a sum of Rs.12,794.50/- towards salary for

20 days earned leave which he has surrendered during the petitioner service and as admitted by them in the RTI reply dated 13.12.2019 together with interest at the rate of 12 % per annum. In both W.Ps.

For Petitioners :

Mr.Pozhil Ilavenil for Mr.R.Krishnaswamy For Respondents :

Mr.A.Sundaravadhanan, Standing Counsel COMMON ORDER The petitioner has filed the Writ Petitions, seeking a Writ of Mandamus, directing the respondent to pay Earned leave encashment which he has surrendered during his service.

2. Heard Mr.Pozhil Ilavenil, learned counsel for the petitioners and Mr.A.Sundaravadhanan, learned Standing Counsel appearing for the Respondent.

3. Mr.A.Sundaravadhanan, learned Standing Counsel appearing for the Respondent submitted that the respondent did not deny the petitioner's entitlement for getting Earned Leave encashment.

4. However, there is an inordinate delay in disbursing the Earned Leave Salary, despite the petitioner has surrendered his earned leave as early as in the year 2019.

5. Considering the above, the Writ Petitions are disposed by directing the Respondent to pass orders for disbursing the earned leave salary due to the petitioner, with interest at the rate of 6% per annum from the date of the petition, till the date of realization, within a period of four weeks from the date of receipt of a copy of this order. No costs. 15.03.2024 Index: Yes / No Speaking order / Non-speaking order vum To:

The Managing Director, Tamilnadu State Transport Corporation (Coimbatore) Ltd.

No. 37, Mettupalayam Road, Coimbatore 43.

R.N.MANJULA ,J.

vum W.P. Nos.10304 & 10308 of 2021 15.03.2024