K.Thangamuthu (Staff No.Jo1614) v. Tamil Nadu State

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.11.2024

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.33071 of 2024 K. Thangamuthu( Staff No.J01614)

...Petitioner

Vs Tamil Nadu State Transport Corporation ( Coimbatore) Limited, Represented by its Managing Director, Head Officer, 37, Mettupalayam road, Coimbatore - 641 043

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the Respondents to pay the amount of Rs.28,359/- payable as wages towards 45 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 and pass orders. For Petitioner : Mr.V. Ajoy Khose For Respondents : Mr.M. Murali Vinodh Standing Counsel 1/5

ORDER

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

2. The petitioner has filed this writ petition to issue a Writ of Mandamus directing the Respondents to pay the amount of Rs.28,359/- payable as wages towards 45 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.

3. The case of the petitioner is that he is an retired employee from the Respondent/Corporation. The grievance of the petitioner is that he has surrendered 60 days earned leave and made a request with the respondent to disburse the salary for the earned leave, but the respondent has not turned up. Therefore, the petitioner gave a representation to the third respondent on 28.08.2024 with regard to the said issue. However, no action has been taken by the respondent till date. Hence this petition. 2/5

4.The learned counsel for the petitioner submitted that it would be suffice if this Court issues a direction to the respondents to consider the petitioner's representation and pass orders.

5. The learned standing counsel appearing for the respondent submitted that the representation of the petitioner will be considered and will pay the eligible amount with 6% interest P.A as per the earlier orders of this Court.

6. Considering the facts of the case, this Court on submission made by either side counsel directs the respondent to consider the representation of the petitioner and pass orders on the claim made by the petitioner within a period of twelve weeks from the date of receipt of a copy of this Order. With regard to interest for the belated payment it will be 6% interest per annum interest from the date on which the amount became due and payable till the date of disbursement. It is made clear 3/5

that if the amount is not paid within the time frame fixed by this Court, the same will carry interest at the rate of 12% per annum from the date on which the amount became due and payable till the date of disbursement. 7.With the above directions, this Writ Petition stands disposed of. No order as to costs.

06.11.2024 Index:Yes/No Speaking order/Non-speaking order smn To Tamil Nadu State Transport Corporation ( Coimbatore) Limited, Represented by its Managing Director, Head Officer, 37, Mettupalayam road, Coimbatore - 641 043 4/5

V.BHAVANI SUBBAROYAN,J.

Smn W.P.No.33071 of 2024 06.11.2024 5/5 5/5