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Madras High CourtWP/18699/2025disposed of

P.Muthiah v. The Management Of

2025-06-09Honourable Mr.Justice C.Kumarappan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-06-2025

CORAM

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN P.Muthiah Petitioner(s) Vs The Management Of Tamilnadu State Transport Corporation(kovai) Ltd, Erode Region, Rep.By Its Managing Director, Erode.

Respondent(s) PRAYER : This writ petition has been 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 72 days of earned leave surrendered by him in the years before his retirement, and employees retirement benefitscheme, as admitted by the respondent in the RTI information dated 26.02.2025 and 27.02.2025, together with 18 % interest p.a. from the respective due dates, within a time frame as may be fixed by this hon'ble Court.

For Petitioner(s):

For Respondent V.Ajoy Khose Mr.M.Murali Vinodh, SC 1/4

ORDER

The instant writ petition has been filed with a prayer for issuing a mandamus to direct the respondent to pay the encashment of 72 days of earned leave surrendered and employees retirement benefit scheme, by the petitioner before his retirement.

2. The case of the petitioner is that the petitioner was working as conductor in the respondent corporation from 29.05.1997 and retired from service on 31.07.2022 on attaining the superannuation in the cadre of Helper. Despite his repeated requests over several years, the payment towards encashment of 72 days of earned leave surrendered and employees retirement benefit scheme, 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 they are entitled for the difference in earned leave salary and employmen retirement benefit scheme. In this connection, when they have sent RTI query, the respondent had replied vide their letter dated 26.02.2025 and 27.02.2025 that the petitioner is entitled for a sum of Rs.65,429 and Rs.15,700/- respectively towards the difference in earned leave salary and employees retirement benefit scheme. Claiming the said amount, the petitioner had given a representation on 13.03.2025. However, the respondent had not settled the above amount.

4. At this juncture, the learned counsel for the respondent, though is not in a position to confirm the response of the respondent through the RTI query, 2/4

would fairly submit that they would settle the difference in earned leave salary and Employees Retirement Benefit Scheme, 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 26.02.2025 and 27.02.2025, this Court deems it appropriate to direct the respondent to settle the difference in earned leave salary of the petitioner and Employees Retirement Benefit scheme amount 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 5/6 mrp Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Management Of Tamilnadu State Transport Corporation(kovai) Ltd, Erode Region, Rep.By Its Managing Director,Erode.

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C. KUMARAPPAN, J.

mrp W.P.No.18699 of 2025 5/6 09.06.2025 4/4