A.Maria Johnson, v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.10.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH A.Maria Johnson .. Petitioner Vs.

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

.. Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent to pay the petitioner the amount payable towards encashment of 90 days of Earned Leave surrendered by the petitioner in the years before his retirement as admitted by the respondent either based on his monthly wages of the respective months of surrender of these Earned Leaves together with 18% interest per annum from the respective due dates or based on the monthly wages payable on the month of his retirement together with 18% interest from the date of his retirement within stipulated time as may be fixed by this Court.

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For Petitioner :

Mr.J.Titus Enock For Respondent :

Mr.C.Gouthamaraj Standing Counsel

O R D E R

This writ petition has been filed for the issue of writ of mandamus directing the respondent to pay the petitioner the amount payable towards encashment of 90 days of Earned Leave surrendered by the petitioner in the years before his retirement as admitted by the respondent either based on his monthly wages of the respective months of surrender of these Earned Leaves together with 18% interest per annum from the respective due dates or based on the monthly wages payable on the month of his retirement together with 18% interest from the date of his retirement within stipulated time as may be fixed by this Court. 2.The case of the petitioner is that he was working as Foreman in the respondent Corporation and retired from service on 31.03.2018. 3.The grievance of the petitioner is that after his retirement, he was not paid the encashment of surrendered Earned Leave salary in the years 2/5

before his retirement for 90 days. Hence, the petitioner sent representation dated 05.08.2024 to the respondent seeking for payment of leave encashment benefits with interest. Since the same did not evoke any response, the petitioner has come with the present writ petition for the relief sought for above.

4.Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondent.

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 respondent to pay the eligible amount with interest at the rate of 6% per annum for the delay period in settling the terminal benefits. 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. 3/5

6.The petitioner is directed to submit a fresh representation to the respondent along with a copy of this order. No costs. 17.10.2024 (3/7) krk Index : Yes / No Internet : Yes / No : Yes / No To The Managing Director, Tamil Nadu State Transport Corporation (Coimbatore) Ltd., 37, Mettupalayam Road, Coimbatore - 641 043.

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N.ANAND VENKATESH, J.

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