G.Babu v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.09.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH 1.G.Babu 2.S.Balaraman .. Petitioners Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu, Vazhuthareddy, Villupuram - 605 602.

2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore Region, Rangapuram - Vellore - 632 009.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to pay surrendered Leave Salary amount which were surrendered in August, 2017 and August, 2018 with 10% interest to the petitioners. For petitioners :

Mr.S.T.Varadarajalu For Respondents :

Mr.R.Venkatesa Perumal Standing Counsel 1/4

O R D E R

This writ petition has been filed for the issue of writ of mandamus directing the respondents to pay the surrendered leave salary amount which were surrendered in August, 2017 and August, 2018 with 10% interest.

2.The case of the petitioners is that they joined the services of the respondent Corporation as Conductor and Driver and they retired from their services on 30.06.2019.

3.The grievance of the petitioners is that they surrendered the leave which were available in their earned leave account during the years 2017 and 2018 and after the surrender, the respondents had not paid the amount till date. Hence, the petitioners made representations dated 14.08.2024 to the respondents to pay the surrendered leave salary amount. Since the same did not evoke any response, the petitioners have come with the present writ petition for the relief sought for above. 4.Heard the learned counsel for the petitioners and the learned Standing Counsel for the respondents.

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5.Taking into consideration the facts and circumstances of the case and the materials available on record, this writ petition is disposed of with a direction to the 2nd respondent Corporation to pay the permissible amount to the petitioners with interest at the rate of 6% per annum for the delay period in settling the earned leave salary amount. This payment shall be made 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 an interest at the rate of 12% per annum from the date on which the amount became due and payable till the date of actual realisation.

6.The petitioner is directed to submit a fresh representation to the 2nd respondent along with a copy of this order. No costs. 20.09.2024 (2/2) krk Index : Yes / No Internet : Yes / No : Yes / No 3/4

N.ANAND VENKATESH, J.

krk To 1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu, Vazhthareddy, Villupuram - 605 602.

2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore Region, Rangapuram - Vellore - 632 009.

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