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Madras High CourtWP/25299/2024disposed of

J.Selvi v. The Managing Director

2024-09-02Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.09.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH 1.J.Selvi W/o.V.Jayaraj 2.C.Athilakshmi W/o.R.Chandrasekaran 3.M.Selvaraju S/o.Muthu Gounder 4.S.Loganathan S/o.Chinnappa Gounder 5.K.Rajamanickam S/o.Kavandappan ... Petitioners Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Coimbatore) Ltd., 37, Mettupalayam Road, Coimbatore - 641 043.

2.The General Manager, Tamil Nadu State Transport Corporation (Coimbatore) Ltd., Chennimalai Road, Erode - 1.

... Respondents 1/6

Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents to pay the admitted amount of Rs.35,933/- to the first petitioner, Rs.35,164/- to the second petitioner, Rs.26,487/- to the third petitioner, Rs.24,458/- to the fourth petitioner and Rs.31,326/- to the fifth petitioner towards encashment of earned leave surrendered by the husbands of petitioners 1 and 2 and by petitioners 3 to 5 along with 12% interest p.a. from the date of retirement within the time frame fixed by this Court. For Petitioners : Mr.N.K.Ponraj For Respondents : Mr.M.Murali Vinodh Standing Counsel *****

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the respondents to pay the admitted amount of Rs.35,933/- to the first petitioner, Rs.35,164/- to the second petitioner, Rs.26,487/- to the third petitioner, Rs.24,458/- to the fourth petitioner and Rs.31,326/- to the fifth petitioner towards encashment of earned leave surrendered by the husbands of petitioners 1 and 2 and by petitioners 3 to 5 along with 12% interest p.a. from the date of retirement.

2. Heard Mr.N.K.Ponraj, learned counsel for petitioners and Mr.M.Murali Vinodh, learned Standing Counsel appearing for respondents.

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3. The case of the petitioners is that the husbands of petitioners 1 and 2 and petitioners 3 to 5 are retired employees of the respondent corporation. The husband of the first petitioner retired from service on 19.10.2016 as Senior Tradesman, the husband of the second petitioner retired from service on 24.05.2018 as Senior Tradesman, the third petitioner retired from service on 19.01.2014 as Senior Assistant, the fourth petitioner retired from service on 20.03.2016 as Special Grade Conductor and the fifth petitioner retired from service on 12.02.2017 as Special Grade Driver.

4. The grievance of the petitioners is that the respondents have not settled the encashment of earned leave surrendered by the husbands of petitioners 1 and 2 and by the petitioners 3 to 5. In view of the same, the petitioners made several requests to the respondents to pay the amount. Since the same was not considered, the petitioners made an application under the Right to Information Act, 2005. The respondents, by reply, have admitted that they have to pay the aforesaid amount to the husbands of petitioners 1 and 2 and to the petitioners 3 to 5. Even thereafter, the respondents have not come forward to pay the amount. Hence, the present writ petition has been filed. 3/6

5. Taking into consideration the facts and circumstances of the case and the grievance expressed by the petitioners, there shall be a direction to the respondents to pay the eligible and admissible amount with interest at the rate of 6% p.a. for the belated payment to the petitioners within a period of six (6) weeks from the date of receipt of a copy of this order. It is made clear that if the amount is not paid within the time frame fixed by this Court, it will fetch interest at the rate of 12% p.a. from the date on which the amount became due and payable till the date of actual realisation.

6. The petitioners are directed to submit a fresh representation to the respondents along with a copy of this order. This Writ Petition is disposed of with the above direction. No costs.

02.09.2024 Index: yes/no Speaking Order/Non-Speaking Order gm 4/6

To 1.The Managing Director, Tamil Nadu State Transport Corporation (Coimbatore) Ltd., 37, Mettupalayam Road, Coimbatore - 641 043.

2.The General Manager, Tamil Nadu State Transport Corporation (Coimbatore) Ltd., Chennimalai Road, Erode - 1.

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N.ANAND VENKATESH, J gm 02.09.2024 6/6