Rajamani M v. Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.06.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH M.Rajamani

...Petitioner

Vs The Managing Director, Tamil Nadu State Transport Corporation Ltd., No.37, Mettupalayam Road, Coimbatore - 641 043.

...Respondent

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to pay the petitioner the amount payable towards the encashment of 105 days of earned leave, surrendered by her in the years before her retirement, based on her monthly wages of the respective months of surrender of those earned leave, together with 6% interest per annum from the respective due dates within a time frame.

For Petitioner : Mr.A.Rajendiran For Respondent : Mr.Sundaravadhanam

ORDER

1/4

With the consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.

2. The petitioner had retired from service from the respondent Corporation on 31.07.2018. His retirement benefits, except the encashment of earned leave, were settled. To an application made by the petitioner under the Right to Information Act, seeking for details of surrendered earned leave, the respondent, in their reply dated 20.07.2019, had stated that the petitioner had surrendered 105 days of earned leave.

3. In view of the admitted fact that the petitioner had surrendered 105 days of earned leave, for which the eligible amount has not been paid till date, the petitioner would be entitled for interest on the outstanding amount.

4. In the light of the above observations, the respondent is directed to pay the petitioner the wages towards the 105 days of surrendered earned leave, together with interest at the rate of 4% from the date on 2/4

which he would be eligible for such payment, till the date of actual disbursement, within a period of four weeks from the date of receipt of a copy of this order.

5. Accordingly, the Writ Petition stands allowed. No costs. 09.06.2023 Index:Yes/No Speaking order/Non-speaking order hvk To The Managing Director, Tamil Nadu State Transport Corporation Ltd., No.37, Mettupalayam Road, Coimbatore - 641 043.

3/4

M.S.RAMESH,J.

hvk 09.06.2023 4/4