P.Nachimuthu v. Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.06.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Writ Petition No.17040 of 2024 P.Nachimuthu ... 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, for issuance of Writ of Mandamus, directing the respondent to pay the petitioner the amount payable towards the encashment of 60 days of Earned Leave, surrendered by him in the years before his retirement, based on his monthly wages of the respective years of surrender of those earned leave, together with 6% interest per annum from the respective due dates within a time frame fixed by this Court. For Petitioner : Mr.A.Rajendiran For Respondent : Mr.C.Gowthamaraj Standing Counsel 1/5

ORDER

This writ petition is filed seeking for a writ of mandamus directing the respondent to pay the petitioner the amount payable towards the encashment of 60 days of Earned Leave, surrendered by him in the years before his retirement, based on his monthly wages of the respective years of surrender of those earned leave, together with 6% interest per annum from the respective due dates within a time frame fixed by this Court.

2. Mr.C.Gowthamaraj, learned Standing Counsel takes notice for the respondent. He would submit that the eligible amount will be paid to the petitioner within a reasonable time as may be fixed by this Court.

3. Learned counsel for the petitioner submitted that, in all the connected matters, this Court has consistently allowed the payment with interest at the rate of 6% per annum.

4. In that view of the matter, this writ petition stands disposed of on the following terms:- 2/5

1) The respondent shall pay the petitioner the amount payable towards the encashment of 60 days of Earned Leave, surrendered by him in the years before his retirement, based on his monthly wages of the respective years of surrender of those earned leave if he is eligible as per the Rules within a period of eight (8) weeks from the date of receipt of a copy of this order with interest at the rate of 6% per annum from the dates on which the amounts became due, till the date of disbursement.

2) If the amount is not paid within a period of eight

(8) weeks, thereafter, the same shall carry the interest at the rate of 12% per annum from the dates on which the amounts became due, till the date of disbursement.

3) No costs.

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

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D.BHARATHA CHAKRAVARTHY, J.

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