Madras High CourtWP/20496/2021disposed of

K.Palanisamy v. The Management Of

2021-09-24Honourable Mr Justice C. Saravanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.09.2021

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.Nos.20496, 20504, 20507, 20510 & 20511 of 2021 (Through Video Conferencing) 1.K.Palanisamy ... Petitioner in W.P.No.20496 of 2021 2.N.Kumaravel ... Petitioner in W.P.No.20504 of 2021 3.K.Durairaju ... Petitioner in W.P.No.20507 of 2021 4.O.Mohan ... Petitioner in W.P.No.20510 of 2021 5.J.Balakrishnan ... Petitioner in W.P.No.20511 of 2021 Vs The Management of Tamil Nadu State Transport Corporation (Kovai) Limited, Represented by its Managing Director, Coimbatore.

... Respondent in all W.Ps Prayer in W.P.No.20496 of 2021: Petitions 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 60 days of earned leaves, surrendered by him 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. Prayer in W.P.Nos.20504, 20507 & 20510 of 2021: Petitions 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 him 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.

Prayer in W.P.No.20511 of 2021: Petitions 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 105 days of earned leaves, surrendered by him 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. For Petitioners: Ms.H.Nandhini (In all W.Ps) for Mr.V.Ajoy Khose For Respondent : Mr.A.Sundaravadhanan (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, 45 and 105 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. This Court is inclined to dispose these writ petitions by directing the respondent to consider the representations dated 15.04.2021, 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, 45 and 105 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-IV) //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, S.R.No.49241 W.P.Nos.20496, 20504, 20507, 20510 & 20511 of 2021 RGN(CO) SB(13/10/2021)