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Madras High CourtWP/18696/2025disposed of

R.Sengodan v. The Management Of

2025-06-09Honourable Mr.Justice C.Kumarappan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-06-2025

CORAM

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN R.Sengodan S/o.Raman,Kundalpatti,Vellaiapalayam Post,Sankagiri Taluk,Salem District.

Petitioner(s) Vs The Management Of Tamilnadu State Transport Corporation(kovai) Ltd,Erode Region,Rep.By Its Managing Director,Erode.

Respondent(s) PRAYER: The writ petition has been filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondent to pay the petitioner the amount payable towards the encashment of 45 days of earned leaves surrendered by him in the years before his retirement, as admitted by the respondent in the RTI information dated 17.03.25, either based on his monthly wages of the respective months of surrender of those earned leaves, together with 18% interest p.a. From the respective due dates or based on the mothly wages payable on the month of his retirement, together with 18% interest from the date of his retirement, within a time frame as may be fixed by this Hon'ble Court.

For Petitioner(s):

V.Ajoy Khose S. Arunachalam For Respondent:

Mr.M.Murali Vinodh,SC.,

ORDER

The instant writ petition has been filed with a prayer for issuing a Writ of mandamus directing the respondent to pay the petitioner the amount payable towards the encashment of 45 days of earned leaves surrendered by him in the years before his retirement, as admitted by the respondent in the RTI information dated 17.03.25, either based on his monthly wages of the respective months of surrender of those earned leaves, together with 18% interest p.a. From the respective due dates or based on the mothly wages payable on the month of his retirement, together with 18% interest from the date of his retirement.

2. The case of the petitioner is that the petitioner was working as Driver in the respondent corporation from 03.04.92 and retired from service on 31.05.18 on attaining the superannuation in the cadre of Special Grade Driver. Despite his repeated requests over several years, the payment towards encashment of 45 days of earned leave surrendered has not been made by the respondent. Hence, the present writ petition has been filed.

3. The learned counsel for the petitioner would submit that the petitioner is entitled for the difference in earned leave salary. In this connection, when he has sent RTI query, the respondent had replied vide their letter dated 17.03.2025 that the petitioner is entitled for a sum of Rs.20,911/- towards the difference in earned leave salary. Claiming the said amount, the petitioner had given a

representation on 20.03.2025. However, the respondent had not settled the above amount.

4. At this juncture, the learned counsel for the respondent, though not in a position to confirm the response of the respondent through the RTI query, would fairly submit that they would settle the difference in earned leave salary within a reasonable time according to their records.

5. In view of the above submission and also upon the reply given by the respondent dated 17.03.2025, this Court deems it appropriate to direct the respondent to settle the difference in earned leave salary of the petitioner with interest at the rate of 6% p.a. within a period of six weeks from the date of receipt of a copy of this order.

6. With the above directions, this writ petition is disposed of. No costs. 09-06-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes mrp To 1.The Management Of Tamilnadu State Transport Corporation(kovai) Ltd,Erode Region,Rep.By Its Managing Director,Erode.

C.KUMARAPPAN J.

mrp 09-06-2025