M.K.Moorthy v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.10.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH 1.K.M. Moorthy 2.S. Krishnasamy 3.K. Loganathan 4.K. Mathaiyan 5.G. Krishnamoorthy 6.K. Mohanasundaram ... Petitioners Vs.
1.The Managing Director, Tamil Nadu State Transport Corporation Ltd., 37, Mettupalayam Road, Coimbatore - 43.
2.The General Manager, Tamil Nadu State Transport Corporation Ltd., Erode Region, Chennimalai Road, Erode - 638 001.
... Respondents 1/4
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to settle the admitted amount by the 2nd respondent in the communication dated 28.11.2022 under the Right to Information Act towards Encashment of Earned Leaves, surrendered by the petitioners along with 12% interest p.a., within a time frame as may be fixed by this Court. For Petitioners : Mr.N. Senthil Kumar For Respondents : Mr.M. Murali Vinodh, Standing Counsel
ORDER
With the consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.
2. The petitioners herein had retired from service on attaining the age of superannuation. Their retirement benefits, except for encashment of earned leaves surrendered by them, were settled. To an application made by the petitioners under the Right to Information Act, asking for 2/4
due amounts to be paid in surrendering the earned leaves, the respondents, in their communication dated 28.11.2022, had stated that the petitioners are entitled for the following amounts towards earned leaves surrendered:- Name Days Amount K.M. Moorthy Rs.22876.00 S. Krishnasamy Rs.34990.00 K. Loganathan Rs.35792.00 K. Mathaiyan Rs.35395.00 G. Krishnamoorthy Rs.22876.00 K. Mohanasundaram Rs.15098.00
3. In view of the admitted fact that the petitioners are eligible for the following amounts, which has not been paid till date, the petitioners would be entitled for interest on the outstanding amount.
4. In the light of the above observations, the respondents are directed to pay the petitioners the terminal benefits, together with interest at the rate of 6% from the date on which they would be eligible for such payment till the date of actual disbursement, within a period of four (4) weeks from the date of receipt of a copy of this order. 3/4
M.S.RAMESH,J.
Sni
5. Accordingly, the Writ Petition stands allowed. No costs. 18.10.2023 Speaking/Non-speaking Order Index: Yes/No Internet: Yes/No Sni To 1.The Managing Director, Tamil Nadu State Transport Corporation Ltd., 37, Mettupalayam Road, Coimbatore - 43.
2.The General Manager, Tamil Nadu State Transport Corporation Ltd., Erode Region, Chennimalai Road, Erode - 638 001.
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