K.S.Parthipan v. The Specical Commissioner And
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29-06-2026
CORAM
THE HON'BLE MS. JUSTICE P.T. ASHA
1. K.S.Parthipan
2. R.Mangalam
3. U.Krishnasamy
4. K.Krishnan
5. S.Kumaresan
6. S.Duraisami
7. P.Kumaravel
8. S.Duraiyan ..Petitioner(s) Vs
1. The Special commissioner and Secretary to Government Department of Transport Fort St.George, Chennai-600009
2. The Director Institute of Road Transport Taramani, Chennai-600 113
3. The Principal Government college of Engineer (Formerly Institute of Road and Transport Technology) Erode-63831
4. The Principal Government Polytechnic college, (Formerly Institute of Road and Transport Polytechnic College) Bharathamatha street, Bharathipuram Chrompet Chennai-600 044 ..Respondent(s) Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 3rd respondent to pay arrears of encashment of sick leave in the credit of the petitioner accumulated from the date of their appointment till 1.9.1998 with interest at 4 percentage per annum from the date of retirement till the date of payment of such amount to the respective petitioners individually as held by Division Bench of this court by order dated 12.6.2024 passed in W.A.No.718 and 720 of 2022 batch cases. For Petitioner(s):
Mr,R.Kannan For Respondent(s):
Mr.V.Sivalingam Government Advocate Order This writ petition has been filed seeking the issuance of a writ of mandamus directing the 3rd respondent to pay the arrears of encashment of sick leave to the petitioners accumulated to the credit of the petitioners from the date of their appointments till 01.9.1998 with interest at 4 percentage per annum from the date of retirement till the date of payment to each of the petitioners
individually as held by the Division Bench of this Court by order dated 12.6.2024 passed in W.A.No.718 and 720 of 2022 etc.,
2. The petitioners retired as Associate Professors, Selection Grade Lecturer and Office Manager respectively from the respondent Institution on attaining the age of superannuation on various dates. However, they were not paid the arrears of sick leave encashment accumulated up to 01.09.1998. Earlier, the proceedings dated 24.01.2005 withdrawing the benefit of sick leave encashment with retrospective effect were quashed by this Court in W.P.Nos.20994 and 20995 of 2008 by order dated 21.11.2016 and the said order was confirmed by the Division Bench in W.A.Nos.718 and 720 of 2022 etc batch by judgment dated 12.06.2024. Though the petitioners submitted several representations seeking payment of the arrears of sick leave encashment, the same were not considered. Hence, the present writ petition has been filed seeking a direction to the respondents to pay the arrears of sick leave encashment with interest.
3. Heard the learned counsel for the petitioners and the learned Government Advocate appearing for respondents.
4. Following the judgment of the Division Bench in W.A.Nos.718 and 720 of 2022, this Writ Petition is allowed as prayed for. The 3rd respondent is directed to pay the arrears of encashment of sick leave accumulated to the credit of the petitioners till 01.09.1998 to each of the petitioners together with 4% interest per annum from the date of retirement till the date of payment, within a period of six weeks from the date of receipt of a copy of this order. No costs. 29-06-2026 Index: Yes/No Speaking/Non-speaking order SRN To
1. The Special commissioner and Secretary to Government Department of Transport Fort St.George, Chennai-600009
2. The Director Institute of Road Transport Taramani, Chennai-600 113
3. The Principal Government college of Engineer (Formerly Institute of Road and Transport Technology) Erode-63831
4. The Principal Government Polytechnic college, (Formerly Institute of Road and Transport Polytechnic College) Bharathamatha street, Bharathipuram Chrompet Chennai-600 044
P.T.ASHA J.
SRN 29-06-2026