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Madras High CourtWP/21013/2021disposed of

J.Selvi Savariammal v. The Management Of

2021-09-30Honourable Mr Justice C. Saravanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.09.2021

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.No.21013 of 2021 (Through Video Conferencing) J.Selvi Savariammal ... Petitioner Vs The Management of Tamil Nadu State Transport Corporation (Kovai) Limited, Coimbatore Region, Represented by its Managing Director, Coimbatore.

... Respondent Prayer: Petition 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 leaves, surrendered by her husband V.Jeganathan, Staff No.016750 in the years before his retirement as admitted by the respondent, either based on his 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 his retirement, together with 18% interest from the date of the his retirement.

For Petitioner : Ms.H.Nandhini for Mr.V.Ajoy Khose For Respondent : Mr.A.Sundaravadhanam Standing Counsel

ORDER

The Petitioner has filed this writ petition, seeking for issuance of a Writ of Mandamus, to direct the respondent to pay https://hcservices.ecourts.gov.in/hcservices/

the amount towards the encashment of 45 days of earned leaves, surrendered by her husband V.Jeganathan (Staff No.016750) in the years before his retirement as admitted by the respondent, either based on his 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 his retirement, together with 18% interest from the date of his retirement.

2. This writ petition is disposed by directing the respondent to consider the representation dated 17.05.2021 of the petitioner 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 petitioner is entitled to encashment of 45 days of earned leaves surrendered by her husband in the respective year before his 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. This Writ Petition is 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 M/s.A.Sundaravadhanan, Advocate, SR.No. 50774 W.P.No.21013 of 2021 RSV(CO) B.VC (25/10/2021) https://hcservices.ecourts.gov.in/hcservices/