P. Velusamy v. The Management Of Tamlnadu State Transport Corportion Kovai Limited
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.04.2025
CORAM
THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN P.Velusamy ...
Petitioner VS.
The Management of Tamil Nadu State Transport Corporation (Kovai) ltd., Rep. By its Managing Director Coimbatore.
...
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 amounts payable towards the encashment of 60 days of earned leave, surrendered by him in the years before his retirement as admitted by the respondent in the RTI information dated 21.09.2023, 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.
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 petitioner the amounts payable towards encashment of 60 days of earned leave, surrendered by him in the years before his retirement as admitted by the respondent in the RTI information dated 21.09.2023, 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. 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 08.05.
1985 as Conductor and retired from service upon reaching the age of superannuation on 31.12.2019. The petitioner was serving as Special Grade Checking Inspector. It had been stated that the respondent failed to pay and settle the amounts payable towards 60 days of earned leaves, which were surrendered by him before his retirement and also towards the Employees Retirement Benefit Scheme. In this connection, the petitioner had given a representation dated 28.02.2025.
3.Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondent.
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 along with the eligible benefits payable to the petitioner, 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 six months from the date of receipt of a copy of this order.
5.With the above observations, this Writ Petition stands disposed of. No costs.
08.04.2025 (3/3) Index : Yes / No : Yes / No Speaking Order : Yes / No TK 3/4
C.V.KARTHIKEYAN, J.
TK To The Managing Director Tamil Nadu State Transport Corporation (Kovai) ltd., Coimbatore.
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