G.Shanmugavelu v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.11.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH G. Shanmugavelu ... Petitioner 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 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 the Encashment of Earned Leaves, surrendered by the petitioner along with 12% interest p.a. within a time frame as may be fixed by this Court. For Petitioner : Mr.N. Palani Kumar For Respondents : Mr.M. Murali Vinodh, Standing Counsel 1/4

ORDER

With the consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.

2. The petitioner had retired from service from the respondent Corporation on 28.08.2022 on attaining the age of superannuation. The amount for the earned leaves surrendered by him was not settled. To an application made by the petitioner under the Right to Information Act, seeking for the number of days and amounts due to him for surrendering the earned leaves, the respondents, in their communication dated 28.11.2022, had stated that the petitioner is entitled for a sum of Rs.22,876/- towards 45 days of earned leaves surrendered by him.

3. In view of the admitted fact that the petitioner is eligible for the amount, which has not been paid till date, the petitioner would be entitled for interest on the outstanding amount.

4. In the light of the above observations, the respondents are 2/4

directed to pay the petitioner the amount towards the earned leaves surrendered by him, together with interest at the rate of 6% from the date on which he 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.

5. Accordingly, the Writ Petition stands allowed. No costs. 02.11.2023 Speaking/Non-speaking Order 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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M.S.RAMESH,J.

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