V.R.Sundarraj v. The Management Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.12.2022 CORAM :
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM (1)W.P.No.26125 of 2019 V.R.Sundarraj the amount payable towards the encashment of 60 days of earned leaves, Page: 1/8
Court.
(2)W.P.No . 26126 of K.Marutharajan the amount payable towards the encashment of 60 days of earned leaves, Court.
(3)W.P.N o.
26128 of 2 M.Akbar Batsha Page: 2/8
the amount payable towards the encashment of 60 days of earned leaves, Court.
(4)W.P.No.26131 of 2019 R.Mohan the amount payable towards the encashment of 35 days of earned leaves, Page: 3/8
Court.
(5)W.P.No.26132 of 2019 N.Krishnasamy the amount payable towards the encashment of 15 days of earned leaves, Court.
Page: 4/8
For Petitioners in all the Writ Petitions : Mrs.V.Porkodi for Mr.V.Ajay Khose For Respondent in all the Writ petitions : Mr.A.Sundaravardhanan C O M M O N O R D E R The relief sought in the present writ petitions are to direct the respondent to pay the petitioners, the amount payable towards the encashment of their respective 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 percent interest p.a. from the respective due dates or based on the monthly wages payable on the months of their retirements, together with 18 percent interest from the date of their retirement respectively.
2. The petitioners served in the respondent Transport Corporation and retired from service. However, the earned leave benefits surrendered by the petitioners were not settled during the relevant point of time. The learned counsel for the petitioners made a submission that the terminal Page: 5/8
benefits were already settled except the earned leave benefits. The petitioners made several representations and the respondent had not responded and settled the earned leave benefits. Therefore, the petitioners are constrained to move the present writ petitions.
3. This Court is of the considered opinion that terminal and pensionary benefits due to the employees are to be settled within a reasonable period of time by following the procedures as contemplated. In the present case, the other benefits are already paid to the petitioners except the earned leave benefits. This being the factum, the respondents are directed to settle the earned leave benefits due to the writ petitioners within a period of 12 weeks from the date of receipt of a copy of this order, if there is no other impediment for settling benefits.
4. Accordingly, the writ petition stands disposed of. However, there shall be no order as to costs.
01.12.2022 Index : Yes Speaking order Page: 6/8
sha To Page: 7/8
S.M.SUBRAMANIAM.J., sha 01.12.2022 Page: 8/8