E.Elangovan v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.09.2021

CORAM

THE HON'BLE MR. JUSTICE C.SARAVANAN W.P.No.20140 of 2021 E.Elangovan ... Petitioner Vs The Managing Director, Tamil Nadu State Transport Corporation Kancheepuram Region, (Villupuram) Limited, No. 3/137, Salamedu, Varuthareddy Post, Villupuram - 605 602.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to pay the difference in payment of Leave Salary following the implementation of the seventh pay commission with interest @ 6 % for the period from 30.06.2016 (the date of retirement) to the date of settlement in the light of the order passed in W.A.(MD)Nos.383 to 457 of 2015 dated 12.06.2015. For Petitioner : Mr.V.S.Jagadeesan For Respondent : Mr.G.Saravana Kumar Standing Counsel

ORDER

The Petitioner has filed this writ petition for a mandamus to direct the third respondent to pay the difference in payment of Leave Salary allowing the implementation of the seventh pay commission with interest @ 6 % for the period from 30.06.2016 (the date of retirement) to the date of settlement in the light of the order passed in W.A.(MD)Nos.383 to 457 of 2015 dated 12.06.2015.

2. It is the case of the petitioner that the respondent has not paid the Leave Salary and also had paid other terminal benefits belatedly and therefore the petitioner is entitled for interest in terms of the relevant Government Orders. The petitioner has also sent a representation dated 06.09.2021 which is not evoked any response and therefore the petitioner has approached this Court for the above relief.

3. Appearing on behalf of the respondent, Mr.G.Saravana Kumar, learned standing counsel submits that as far as the https://hcservices.ecourts.gov.in/hcservices/

belated payments are concerned, the respondent will pass pay interest at the rate of 4% per annum as has been ordered in other cases. However, whether the petitioner is entitled to difference in the payment of Leave Salary or not will be considered and appropriate orders will be passed.

4. Considering the above, this Writ Petition is disposed by directing the respondent to settle the other terminal benefits and pay interest on the delayed payments including the Leave Salary, if any, within a period of six months in six equal monthly instalments. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar arb/nst To The Managing Director, Tamil Nadu State Transport Corporation Kancheepuram Region, (Villupuram) Limited, No. 3/137, Salamedu, Varuthareddy Post, Villupuram - 605 602.

+1 cc to Mr.V.S.Jagadeesan Advocate Sr.NO. 48148 W.P.No.20140 of 2021 PCH(CO) A.SK(13.10.2021) https://hcservices.ecourts.gov.in/hcservices/