← Library
Madras High CourtWP/34618/2025disposed of

S.Aloysius v. M/S.Metropolitan Transport Corporaiton

2025-09-12Honourable Mr Justice A.D.Jagadish Chandira6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 12.09.2025

CORAM

THE HONOURABLE Mr. JUSTICE A.D. JAGADISH CHANDIRA S.Aloysius

...Petitioner

Vs.

M/S. Metropolitan Transport Corporation Rep by its Managing Director, No 1, Pallavan Salai, Chennai 600 002

...Respondent

Prayer: Petition is filed under Article 226 of the Constitution of India, seeking Writ of Mandamus, directing the respondent herein to settle the difference in Medical Leave Salary to the petitioner herein, by considering the representations of the petitioner dated 02.07.2025 and 28.08.2025.

1/6

For Petitioner :

Mr. D.Sundar Raj For Respondent :

Mr. A.Vinothraj Standing Counsel.

ORDER

The Writ Petition has been filed for an issuance of a Writ of Mandamus directing the respondent herein to settle the difference in Medical Leave Salary to the petitioner herein, by considering the representations of the petitioner dated 02.07.2025 and 28.08.2025.

2. With consent on either side, the Writ Petition itself is taken up for final disposal at the admission stage.

3. The petitioner joined the service of the respondent Corporation on 02.01.1978 as a Junior Assistant and retired from service on 30.06.2010 on attaining the age of superannuation.

4. The grievance of the petitioner is that at the time of retirement, 2/6

he surrendered his medical leave by taking the last drawn wages. As per the G.O.(Ms).No.220, Transport (C1) Department dated 06.08.1999 the leave available to the credit of the employee shall be kept separately and it can be encashed at the time of retirement by taking into account the salary drawn at the time of retirement. The petitioner's case is that the same was not implemented by the respondent. The petitioner relied on the order passed in WP.(MD).No.14520 of 2020 dated 21.03.2023, wherein the Madurai Bench of this Court has directed the respondent to take last pay drawn at the time of retirement as the basis for computing the petitioner's Medical Leave Salary.

5. Mr. A.Vinothraj, Standing Counsel takes notice for the respondent.

6. In view of the order passed in WP.(MD).No.14520 of 2020 dated 21.03.2023 and in view of G.O.(Ms).No.220 Transport (C1) Department dated 06.08.1999, the respondent is directed to consider the representation of the petitioner and declare that the petitioner's last 3/6

drawn salary at the time of the petitioner reaching the age of superannuation should be the basis for computing the petitioner's medical leave salary. The difference in amount if any shall be paid to the petitioner along with interest at the rate of 4% per annum.

7. With the above direction, the Writ Petition is disposed of. No costs.

12.09.2025 Index : Yes/No Internet : Yes/No kan To M/S. Metropolitan Transport Corporation 4/6

Rep by its Managing Director, No 1, Pallavan Salai, Chennai 600 002 A. D. JAGADISH CHANDIRA, J.

kan 5/6

12.09.2025 6/6