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Madras High CourtWP/21788/2024disposed of

G.Durairaj Staff No.J07592 v. The Managing Director

2024-07-31Honourable Mr Justice G.K. Ilanthiraiyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.07.2024

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

1. G.Durairaj

2. M.Balasubramaniam

3. P.Soundararajan

4. S.P.Balamurugan

5. A.Abdul Wahith

6. K.Kuppuswamy ... Petitioners Vs

1. The Managing Director, Tamil Nadu State Transport Corporation Ltd., 37, Mettupalayam Road, Coimbatore - 43.

2. The General Manager, Tamil Nadu State Transport Corporation Ltd., Erode Region, Chennimalai Road, Erode - 638 001.

... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to settle the admitted amount by the second respondent in the communication under the 1/5

Right to Information Act towards the encashment of earned leaves, surrendered by the petitioners along with 12% interest per annum within a time frame as may be fixed by this Court.

For Petitioners : Mr. N.Palani Kumar For Respondents : Mr. M.Murali Vinoth, Standing Counsel (for R1 & R2) Mr. C.S.K.Sathish, Standing Counsel (for R3)

O R D E R

The Writ Petition has been filed for directing the respondents to settle the admitted amount by the second respondent in the communication under the Right to Information Act towards the encashment of earned leaves, surrendered by the petitioners along with 12% interest per annum within a time frame as may be fixed by this Court.

2. Mr. M.Murali Vinoth, learned Standing Counsel takes notice for the first and second respondents. He would submit that the eligible amount will be paid to the petitioner within a reasonable time as may be fixed by this Court.

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3. The petitioners herein had retired from service on attaining the age of superannuation. Their retirement benefits, except for encashment of earned leaves surrendered by them, were settled. To an application made by the petitioners under the Right to Information Act, asking for due amounts to be paid in surrendering the earned leaves, the respondents, in their communications dated 03.12.2021, 15.04.2024, 23.04.2024 and 26.06.2024, had stated that the petitioners are entitled for the following amounts towards earned leaves surrendered:- Name Days Amount G.Durairaj Rs.33,833/- M.Balasubramaniam Rs.16,980/- P.Soundararajan Rs.22,703/- S.P.Balamurugan Rs.23,221/- A.Abdul Wahith Rs.32,233/- K.Kuppuswamy Rs.20,612/-

4. In view of the admitted fact that the petitioners are eligible for the following amounts, which has not been paid till date, the petitioners would be entitled for interest on the outstanding amount. 3/5

5. In the light of the above observations, the respondents are directed to pay the petitioners the terminal benefits, together with interest at the rate of 6% from the date on which they would be eligible for such payment till the date of actual disbursement, within a period of four (4) weeks from the date of receipt of a copy of this order.

6. With the above directions, this Writ Petition stands disposed of. No costs.

31.07.2024 4/4 Index:Yes/No kv To

1. The Managing Director, Tamil Nadu State Transport Corporation Ltd., 37, Mettupalayam Road, Coimbatore - 43.

2. The General Manager, Tamil Nadu State Transport Corporation Ltd., Erode Region, Chennimalai Road, Erode - 638 001.

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G.K.ILANTHIRAIYAN, J.

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