M.Syed Fasseehullah (Staff No 13105) v. Tamil Nadu State

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.10.2024

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.30165 of 2024 M.Syed Faseehullah ... Petitioner Vs.

Tamil Nadu StateTransport Corporation (Salem) Limited Rep. By its Managing Director, Head office, 37, Mettupalayam Road, Coimbatore - 641 043 ... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent to pay the petitioner the amount of Rs.14,252/- payable as wages towards 27 days of earned leave surrendered by him, while he was in service, as admitted by the respondent in their RTI, together with 18% interest from the date of his retirement, within a time frame as may be fixed by this Court.

For Petitioner : Mr.R.Krishnaswamy For Respondents : Mr.M.Murali Vinodh Standing counsel 1/4

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 of Rs.14,252/- payable as wages towards 27 days of earned leave surrendered by him, while he was in service, as admitted by the respondent in their RTI, together with 18% interest from the date of his retirement, within a time frame as may be fixed by this Court.

2.The case of the petitioner is that he was working in the respondent Corporation from 10.11.1978. After completion of 37 years of service, he retired from service as "Senior Checking Inspector" on 31.05.2015. 3.The further case of the petitioner is that while settling his terminal benefits, the respondents failed to pay and settle the amount towards Earned Leave, which were surrendered by the petitioner on or before his retirement. The petitioner made an application under the Right to Information Act and the respondent also provided the details of amount to be paid to the petitioner under this head through information dated 27.12.2023. Since the amount due and 2/4

payable towards the encasement of earned leave was not paid to the petitioner, the present writ petition has been filed seeking for appropriate directions. 4.Heard Mr.R.Krishnaswamy, learned counsel for the petitioner and Mr.M.Murali Vinodh, learned Standing counsel for respondent. 5.Taking into consideration the facts and circumstances of the case and the RTI information dated 27.12.2023 that was furnished to the petitioner, there shall be a direction to the respondent Corporation to settle the eligible amount due and payable towards the encashment of earned leave, within a period of six weeks from the date of receipt of a copy of this order with 6% interest from the date of retirement till the date of actual realisation. If there is any delay in settling the amount within the time frame fixed by this Court, the respondent Corporation will be liable to pay interest at the rate of 12% from the date of retirement till the date of actual realisation. 6.

The petitioner is directed to make a fresh representation to the respondent along with a copy of this order.

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N. ANAND VENKATESH, J.

ssr 7.

This writ petition is disposed of with the above directions. No costs. 15.10.2024 Internet : Yes (1/4) Index : Yes Speaking Order / Non Speaking Order ssr To The Managing Director, Tamil Nadu StateTransport Corporation (Salem) Limited Head office, 37, Mettupalayam Road, Coimbatore - 641 043 W.P.No.30165 of 2024 4/4