S.Soundrapandiyan, v. The Managing Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.09.2025
CORAM:
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA 1.S.Soundrapandiyan 2.G.Ambalavanan 3.S.Krishnamurthy 4.R.K.Nageswara Rao 5.S.M.Viswanathan 6.S.Harikrishnan 7.C.S.Manivannan 8.D.Arulmazhivarman 9.R.Prabakaran 10.P.Padmini 11.D.Parthasarathi 12.M.Panneerselvam 13.G.Arnachalam 14.K.Radhakrishnan 15.R.Sundaravelu 16.P.Chellapa 17.P.Purushothaman 18.V.Rajasekaran 19.D.Vijayakumar 20.B.Gangadharan 21.M.T.Bharathan 22.K.Baskaran 23.R.Prabakaran 24.K.Sridhar 25.V.Gopu 26.J.Vijayakumar 27.S.Jayakumar ... Petitioners 1/6
Vs.
The Managing Director Metropolitan Transport Corporation (Chennai) Ltd. Pallavan Illam No.2, Anna Salai Chennai 600 002 ... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent to calculate and pay the medical leave salary, which stood in leave account of the petitioners as on 31.08.1998, based on their last drawn salary, after adjusting the amount already paid with 10% interest to the petitioners in the light of G.O.(Nelai)No.220, Transport (C1) Department dated 08.08.1999 and as per Clause 15 of 12(3) settlement dated 13.02.1999. For Petitioner : Mr.S.T.Varadarajulu For Respondents : Mr.R.Balaji Standing Counsel
ORDER
By consent, this writ petition is taken up for final disposal at the SR stage itself.
2.The petitioners have filed this writ petition to issue a Writ of Mandamus, seeking for a direction, to direct the respondent to calculate and pay the medical leave salary, which stood in leave account of the 2/6
petitioners as on 31.08.1998, based on their last drawn salary, after adjusting the amount already paid with 10% interest to the petitioners in the light of G.O.(Nelai).No.220, Transport (C1) Department dated 08.08.1999 and as per Clause 15 of 12(3) settlement dated 13.02.1999. 3.The petitioners had joined in the respondent Corporation in various posts on various dates and they had retired on various dates. At the time of their retirement, they were paid medical leave salary for medical leave which stood in their leave account as per their last drawn pay on 31.12.1998. From the year 2000, Technical and supervisory staff members were taken away from the coverage of wage revision settlement from 01.09.1998. The scales of pay and other allowances for the technical and administrative supervisory category employees were fixed and notified by the Government Transport Department from the year 2000. Accordingly, the petitioners who had joined as Junior Engineers had got promotions to the higher posts on various dates and had retired from service on various dates.
4.As per the provisions contained under the E.S.I Act, an employee 3/6
covered by the said Act is entitled to avail 24 days of medical leave per year with salary. However, the Government exempted the Transport Corporation from the applicability of the E.S.I Act, based on the sick / medical leave and injury leave which were already in force. Further, majority of the employees including the technical and supervisory cadre employees agreed to come under the leave pattern and rules as applicable to the officer / managerial cadre employees and the leave rules and pattern as applicable to the officer / managerial cadre employees were made applicable to all categories of employees uniformly with effect from 01.09.1998 based on clause 15 of 12(3) settlement dated 13.02.1999. Therefore, the petitioners now claim medical leave salary for medical leave based on their last drawn pay with applicable interest. 5.
Considering the above facts and circumstances of the case, the respondent is hereby directed to dispose of the representations submitted by the petitioners seeking medical leave salary for the medical leave based on their last drawn pay with applicable interest, after adjusting the amounts which were already paid, in the light of G.O.(Nilai).No.220, Transport (C1) Department dated 08.08.
Industrial Disputes Act, 1947, within a period of twelve (12) weeks from the date of receipt of a copy of this order.
6. This writ petition stands disposed of accordingly. No costs. 04.09.2025 (2/2) kas Index:Yes/No To The Managing Director Metropolitan Transport Corporation (Chennai) Ltd. Pallavan Illam No.2, Anna Salai Chennai 600 002 A.D.JAGADISH CHANDIRA, J.
kas 5/6
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