K.Govindakrishnan Spl. G.Con, (Retd.) v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:15.12.2022 Coram The HONOURABLE MR.JUSTICE ABDUL QUDDHOSE K.Govindakrishnan .. Petitioner vs The Managing Director, Tamil Nadu State Transport Corporation (VPM) Ltd., No.3/137, Salamedu, Vazhuthareddy PO Villupuram - 605 602.

.. Respondent Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondent to pay the payment of 45 days of encashment of earned leave surrendered by the petitioner in the years before his retirement, based on the monthly wages payable on the month of his retirement and RBS pension amount along with interest @ of 18% from 31.05.2016 the date of retirement to till the date of settlement to the petitioner within a time frame as may be fixed by this Court. 1/5

For Petitioner :

Mr.V.S.Jagadeesan For Respondents :

Mr.R.Venkatesh Perumal Standing Counsel

ORDER

This writ petition has been filed for a mandamus seeking for a direction to the respondent to pay the encashed amount for the 45 days of earned leave surrendered by the petitioner while he was in service along with RBS pension amount based on the petitioner's representation dated 06.12.2022 within a time frame to be fixed by this Court.

2.

According to the petitioner, he had surrendered earned leave of 45 days while he was in service in the respondent - Transport Corporation. But the said amount has not been paid till date. He also claims that the RBS pension amount payable to him has not been paid till date. He claims interest at the rate of 18% per annum for the delayed payment. He has given a representation on 06.12.2022 for the aforementioned purpose. Since the said representation has not been considered till date, he has filed this writ petition.

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3.

Heard Mr.V.S.Jagadeesan, learned counsel for the petitioner and Mr.R.Venkatesh Perumal, learned standing counsel, who accepts notice on behalf of the respondent. 4.

The petitioner has filed documents along with this writ petition to substantiate his claim. It is for the respondent to consider the same on merits and in accordance with law. 5.

No prejudice would be caused to the respondent if the petitioner's representation as stated supra is considered on merits and in accordance with law within a time frame to be fixed by this Court.

6.

For the foregoing reasons, this Court directs the respondent to pass final orders on merits and in accordance with law on the petitioner's representation dated 06.12.2022 seeking for payment of the encashed amount for the 45 days of earned leave surrendered by him while he was in service along with the RBS pension amount together with interest at the rate of 18% per annum for the delayed payment within a period of twelve weeks from the 3/5

date of receipt of a copy of this order.

7.

With the aforesaid direction, the writ petition stands disposed of. No costs.

15.12.2022 Index:Yes/No mmi To The Managing Director, Tamil Nadu State Transport Corporation (VPM) Ltd., No.3/137, Salamedu, Vazhuthareddy PO Villupuram - 605 602.

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ABDUL QUDDHOSE,J.

mmi 15.12.2022 5/5