Madras High CourtWP/12739/2024disposed of

V.Kishore Kumar v. The Chairman Prtc/

2024-07-01Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.07.2024

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No. 12739 of 2024 and W.M.P.No.13906 of 2024 V.Kishore Kumar ....

Petitioner Vs

1. The Chairman PRTC/Secretary (Transport), Puducherry Road Transport Corporation Ltd., Puducherry - 605 001.

2. The Managing Director, Puducherry Road Transport Corporation Ltd., Raja Nagar, Puducherry - 605 013.

....

Respondents Prayer:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Certiorarified Mandamus, to call for the records and quash the impugned order No.4123/PRTC/Legal/2023/985 dated 09.03.2024 passed by the second respondent and thereby direct the second respondent to disburse the petitioner earned leave amount as early as possible.

For Petitioner : Mr.S.Lakshmi Narayanan For Respondents : Mr.V.Vasantha Kumar Additional Government Pleader (Pondy)

ORDER

This Writ Petition has been filed challenging the order passed by the second respondent dated 09.03.2024, thereby rejected the request made by the petitioner for settlement of earned leave and other monetary dues.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The petitioner was appointed as a General Manager-cumCompany Secretary on 16.01.1997 in the second respondent Corporation. On attainment of superannuation, he retired from service on 30.04.2022. After his retirement, he was not granted earned leave. Though several requests were made by the petitioner, it was not considered and as such, the petitioner was constrained to approach this Court in W.P.No.33479 of 2023. As directed by this Court, by an order dated 30.11.2023, the second respondent passed an order on 09.03.2024 and rejected the request made by the petitioner on the ground that the disciplinary proceeding was initiated as against the petitioner, which is

still pending and awaiting for final orders. That apart, there was due in repayment of loan availed by the petitioner.

4. The learned counsel for the petitioner would submit that whatever the loan amount that may be deducted from the total amount and directed the second respondent to pass orders on the application sought for earned leave.

5. In view of the above, the second respondent is directed to pass order to grant earned leave, after deducting the loan amount, and disburse the same within a period of eight weeks from the date of receipt of a copy of this order.

6. With the above direction, this writ petition stands disposed of. Consequently, connected miscellaneous petition is closed. No costs.

01.07.2024 Internet : Yes Speaking/Non-speaking order Lpp

G.K.ILANTHIRAIYAN, J.

Lpp To

1. The Chairman PRTC/Secretary (Transport), Puducherry Road Transport Corporation Ltd., Puducherry - 605 001.

2. The Managing Director, Puducherry Road Transport Corporation Ltd., Raja Nagar, Puducherry - 605 013.

01.07.2024