M.Gurusamy v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.06.2025

CORAM

THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN M.Gurusamy ... Petitioner Vs.

The Managing Director, Tamil Nadu State Transport Corporation (Coimbatore) Ltd., 37, Mettupalayam Road, Coimbatore - 641 043.

... Respondent Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to pay the petitioner the amount payable towards encashment of 15 days of earned leave surrendered by the petitioner in the years before his retirement as admitted by the respondent either based on his monthly wages of the respective months of surrender of these 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 stipulated time as may be fixed by this Court.

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For Petitioner : Mr.M.Karthik For Respondent : Mr.C.Gowthamaraj, Standing Counsel for TNSTC *****

O R D E R

The instant writ petition has been filed with a prayer for issuing a Mandamus, to direct the respondent to pay the petitioner the amount payable towards encashment of 15 days of earned leave surrendered by the petitioner in the years before his retirement as admitted by the respondent either based on his monthly wages of the respective months of surrender of these 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 stipulated time as may be fixed by this Court.

2. It is the contention of the learned counsel for the petitioner that when the petitioner, who had retired from the services of the respondent on 31.01.2017 as Special Grade Conductor, made a representation dated 18.02.2025 to the respondent seeking payment of the amount payable towards encashment of 15 days of earned leave along with interest at the rate 2/4

of 18% per annum.

3. Heard the learned counsel for both sides and perused the materials available on record.

4. Though there is disputed facts between the parties, taking into consideration of the fact that the representation made by the petitioner is yet to be considered, this Court without going into merits of the matter, deems it appropriate to direct the respondent to consider the representation dated 18.02.2025 on it's own merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

5. In the result, this Writ Petition is disposed of with the above observations. No costs.

02.06.2025 3/4 kv Index : Yes/No Speaking order /Non Speaking Order 3/4

C.KUMARAPPAN, J.

kv To The Managing Director, Tamil Nadu State Transport Corporation (Coimbatore) Ltd., 37, Mettupalayam Road, Coimbatore - 641 043.

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