S.Habipkhan v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.07.2025

CORAM

THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN 1.S.Habipkhan 2.K.Karivaratharajan 3.K.Thiagarajan 4.S.Rajendran ... Petitioners Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation Limited, 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 filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to settle the amount as per the communication of the 2nd respondent under the Right to Information Act towards the Encashment of Earned Leaves, surrendered by the petitioners along with 12% interest p.a.

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For Petitioners : Mr.N.Palani Kumar For Respondents : Mr.M.Murali Vinodh Standing Counsel

O R D E R

The instant writ petition has been filed with a prayer for issuing a Mandamus, to direct the respondents to settle the amount as per the communication of the 2nd respondent under the Right to Information Act towards the Encashment of Earned Leaves, surrendered by the petitioners along with 12% interest p.a.

2. The case of the petitioners are that the petitioners were appointed in the respondent corporation on various dates and retired from service on 30.04.2020, 31.05.2019, 31.05.2016 and 30.06.2018 respectively. The learned counsel for the petitioners would submit that the respondents have admitted the entitlement of the petitioners' Earned Leave Salary through RTI reply. In this connection, he has sent representation dated 19.05.2025 to the respondents claiming the settlement amount as per the communication of the 2nd respondent through RTI. Since the same was not considered, the present Writ Petition has been filed.

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3. At this juncture, the learned Standing Counsel for the respondents would fairly submits that though he is not in a position to the authenticity of the RTI reply. Therefore, he would further submit that the respondents would pay the eligible Earned Leave amount to the petitioner within a reasonable time.

4. Heard the learned counsel for both sides and perused the materials available on record.

5. In view of the above submission, without going into the merits of this writ petition, this Court deems it appropriate to direct the respondents to settle the eligible surrender leave amount along with 6% interest, within a period of six weeks from the date of receipt of a copy of this order.

6. In the result, this Writ Petition is disposed of with the above observations. No costs.

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To 1.The Managing Director, Tamil Nadu State Transport Corporation Limited, 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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C.KUMARAPPAN, J.

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