V.Shanmugasundaram v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.06.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH V.Shanmugasundaram

...Petitioner

Vs 1.The Managing Director, Tamil Nadu State Transport Corporation Ltd., 37, Mettupalayam Road, Coimbatore - 43.

2.The General Manager, Tamil Nadu State Transport Corporation Ltd., Erode Region, Chennimalai Road, Erode - 638 001.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to pay the admitted amount of Rs.34,903/- payable towards the encashment of earned leaves, surrendered by the petitioner along with 12% interest p.a. For Petitioner : Mr.N.Senthilkumar For Respondents : Mr.M.Murali Vinodh Standing Counsel 1/4

ORDER

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

2. The petitioner herein had retired from service from the respondent Corporation on 31.07.2018. His retirement benefits, except the earned leave surrender, were settled on 26.08.2019. To an application made by the petitioner under the Right to Information Act, seeking for the pending payments, the second respondent, in his reply dated 16.08.2022, had stated that the petitioner was entitled for a sum of Rs.34,903 towards the earned leave surrender.

3. In view of the admitted fact that the petitioner is eligible for the said amount, which 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 first respondent herein is directed to pay the petitioner the admitted sum of Rs.34,903/-, together with interest at the rate of 4% from the date on which he would be 2/4

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. 30.06.2023 Index:Yes/No Speaking order/Non-speaking order hvk To 1.The Managing Director, Tamil Nadu State Transport Corporation Ltd., 37, Mettupalayam Road, Coimbatore - 43.

2.The General Manager, Tamil Nadu State Transport Corporation Ltd., Erode Region, Chennimalai Road, Erode - 638 001.

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M.S.RAMESH,J.

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