M.Krishnasamy v. The Management Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-06-2025

CORAM

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN M.Krishnasamy Petitioner(s) Vs The Management Of Tamilnadu State Transport Corporation (kovai) Ltd, Rep. By Its Managing Director, Coimbatore 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 45 days of earned leave, surrendered by him in the years before his retirement as admitted by the respondent in the RTI information dated 14.03.2025, 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 monthly wages payable on the month of his retirement, together with 18 % interest p.a. from the date of his retirement, within a time frame as may be fixed by this hon'ble Court.

For Petitioner(s):

Mr.V. Ajoy Khose For Respondent(s):

Mr.C.Gowthamraj

ORDER

The instant writ petition has been filed with a prayer for issuing a mandamus to direct the respondent to pay the encashment of 45 days of earned leave surrendered 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 18.04.1985 and retired from service on 31.10.2017 on attaining the superannuation in the cadre of Selection Grade Checking Inspector(Grade-I). 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 they are entitled for the difference in earned leave salary. In this connection, when they have sent RTI query, the respondent had replied vide their letter dated 14.03.2025 that the petitioner is entitled for a sum of Rs.25,494/- towards the difference in earned leave salary. Claiming the said amount, the petitioner had given a representation on 17.03.2025. However, the respondent had not settled the above amount.

4. At this juncture, the learned counsel for the respondent, though is not 2/4

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 14.03.2025, 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 Mrp Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Management Of Tamilnadu State Transport Corproation (kovai) Ltd, Rep. By Its Managing Director, Coimbatore 3/4

C.KUMARAPPAN J.

mrp W.P.No.18666 of 2025 09.06.2025 4/4