A.Asaithambi v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 01.09.2025 Coram:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA ---
1. A.Asaithambi
2. G.Ravi
3. N.Palaniappan
4. V.Sundaram
5. R.Subbulakshmi .. 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 Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents to pay the amount of Rs.26,865/- to the first petitioner, Rs.33,258/- to the second petitioner, Rs.33,250/- to the third petitioner, Rs.28,385/- to the fourth petitioner and Rs.30,807/- to the fifth petitioner, by considering their representations towards Encashment of Earned Leave surrendered by the petitioners 1 to 4 and by the husband of the fifth petitioner along with 12% interest per annum from the date of retirement within the time frame fixed by this Court. 1 / 5
For petitioners : M/s.N.K.Ponraj, U.Nirmala and G.R.Satish For respondents : Mr.M.Murali Vinoth, Standing Counsel for TNSTC (CBE)
ORDER
Writ Petition is filed praying for issuance of a Writ of Mandamus directing the respondents to pay the amount of Rs.26,865/- to the first petitioner, Rs.33,258/- to the second petitioner, Rs.33,250/- to the third petitioner, Rs.28,385/- to the fourth petitioner and Rs.30,807/- to the fifth petitioner, by considering their representations towards Encashment of Earned Leave surrendered by the petitioners 1 to 4 and by the husband of the fifth petitioner along with 12% interest per annum from the date of retirement within the time frame fixed by this Court.
2. The petitioners are retired employees of the respondent-Corporation. The first petitioner retired from service on 31.08.2017 as Special Grade Security Guard. The second petitioner retired from service on 30.04.2017 as Senior Tradesman. The third petitioner retired from service on 31.05.2017 as Senior Tradesman. The fourth petitioner retired from service on 29.02.2012 as Senior Tradesman and the husband of the fifth petitioner retired from service on 30.06.2023 as ITI Helper. During the time of retirement from service, the respondents had paid the retirement benefits to the petitioners. But the 2 / 5
respondents have failed to pay the amount for encashment of earned leave surrendered by the petitioners.
2. The petitioners made several requests/representations to the respondents to pay the amounts, but the respondents have failed to do so. The respondents are liable to pay an amount of Rs.26,865/- to the first petitioner, Rs.33,258/- to the second petitioner, Rs.33,250/- to the third petitioner, Rs.28,385/- to the fourth petitioner and Rs.30,807/- to the husband of the fifth petitioner towards encashment of earned leave surrendered by them. Hence, the petitioners have sent their individual representations to the respondents to pay the amounts which are liable to be paid by the respondents. Even thereafter also, the respondents have failed to pay the amounts to the petitioners, for which, they are legally entitled to. Hence, the petitioners have filed the present Writ Petition.
3. The learned counsel for the petitioners submitted that it would be suffice if this Court issues a direction to the respondents to consider the petitioners' representations and pass orders.
4. The learned Standing Counsel appearing for the respondents submitted that the representations of the petitioners will be considered and the respondents will pay the eligible amount with 6% interest per annum, as per the earlier orders of this Court.
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5. Taking into consideration the facts and circumstances of the case, there shall be a direction to the respondents/Corporation to pay the eligible amount as payable to the petitioners along with interest at the rate of 6% per annum for the delay period in settling the said amounts. This payment shall be made within a period of 12 weeks from the date of receipt of a copy of this order. It is made clear that if the amounts are not paid within the time frame fixed by this Court, it will fetch interest at the rate of 12% per annum from the date on which the amounts became due and payable till the date of actual realisation.
6. With the above directions, these Writ Petitions stand disposed of. There shall be no order as to costs.
01.09.2025 (1/2) cs 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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A.D.JAGADISH CHANDIRA, J cs 01.09.2025 5 / 5