Madras High CourtWP/21004/2021disposed of

S.Sampath Kumar v. The Management Of

2021-09-30Honourable Mr Justice C. Saravanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.09.2021

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.Nos.21004, 21005, 21007, 21008 of 2021 (Through Video Conferencing) 1.S.Sampath Kumar ... Petitioner in W.P.No.21004 of 2021 2.M.Magalingam ... Petitioner in W.P.No.21005 of 2021 3.A.Mylsamy ... Petitioner in W.P.No.21007 of 2021 4.P.Natarajan ... Petitioner in W.P.No.21008 of 2021 Vs The Management of Tamil Nadu State Transport Corporation (Kovai) Limited, Represented by its Managing Director, Coimbatore.

... Respondent in all W.Ps Common Prayer in W.P.Nos.21004 & 21008 of 2021: Petitions filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to pay the petitioners the amount payable towards the encashment of 60 days of earned leaves, surrendered by them in the years before their retirement as admitted by the respondent, either based on their monthly wages of the respective months of surrender of those earned leaves, together with 18% interest per annum from the respective due dates or based on the monthly wages payable on the month of their retirement, together with 18% interest from the date of their retirement.

Common Prayer in W.P.Nos.21005 & 21007 of 2021: Petitions filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to pay the petitioners the

amount payable towards the encashment of 45 days of earned leaves, surrendered by them in the years before their retirement as admitted by the respondent, either based on their monthly wages of the respective months of surrender of those earned leaves, together with 18% interest per annum from the respective due dates or based on the monthly wages payable on the month of their retirement, together with 18% interest from the date of their retirement.

For Petitioners: Ms.H.Nandhini (In all W.Ps) for Mr.V.Ajoy Khose For Respondent : Mr.A.Sundaravadhanam (In all W.Ps) Standing Counsel COMMON ORDER The Petitioners have filed these writ petitions, seeking for issuance of a Writ of Mandamus, to direct the respondent to pay the amount towards the encashment of 60 and 45 days of earned leaves, surrendered by them in the years before their retirement as admitted by the respondent, either based on their monthly wages of the respective months of surrender of those earned leaves, together with 18% interest per annum from the respective due dates or based on the monthly wages payable on the month of their retirement, together with 18% interest from the date of their retirement.

2. These writ petitions disposed by directing the respondent to consider the representations dated 17.05.2021 of the petitioners and pass appropriate orders within a period of three months from the date of receipt of a copy of this order.

3. In case the petitioners are entitled to encashment of 60 and 45 and days of earned leaves surrendered by them in the respective years before their retirement as has been purportedly admitted by the respondent, the respondent is directed to release the same within a period of twelve weeks thereafter together with interest at the rate of 4% per annum from the date on which it accrued by then.

4. These Writ Petitions are disposed of with above observations. No costs.

Sd/- Assistant Registrar (CS-VIII) // True Copy // Sub Assistant Registrar arb To The Managing Director, Tamil Nadu State Transport Corporation (Kovai) Limited, Coimbatore.

+1CC to Mr.V.Ajoy Khose, Advocate, SR.No. 51023 +1CC to M/s.A.Sundravadhanan, Advocate, SR.No. 50774 W.P.Nos.21004, 21005, 21007 & 21008 of 2021 RSU(CO) B.VC (25/10/2021)