S. Kandasamy v. The Management Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.09.2025

CORAM:

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA S.Kandasamy

...Petitioner

Vs.

The Management of Tamil Nadu State Transport Corporation (Kovai) Ltd., Erode Region, Rep. by its Managing Director, Erode.

...Respondent

Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to pay the petitioner the amount payable towards the encashment of 51 days of earned leaves surrendered by him in the years before his retirement, as admitted by the respondent in the RTI Information dated 11.02.2025, either based on his monthly wages of the respective months of surrender of those earned leaves, together with 18% interest p.a. from the respective due dates or based on the monthly wages payable on the month of his retirement, together with 18% interest from the date of his retirement, within a time frame as may be fixed by this Hon'ble court.

For Petitioner : Mr.V.Ajoy Khose 1/6

For Respondent : Mr.M.Murali Vinoth, Standing Counsel

ORDER

This Writ petition has been filed by the petitioner seeking to direct the respondent to settle the amount admitted under the Right to Information Act towards the Encashment of Earned Leaves surrendered by him, along with 18% interest per annum.

2. Mr.M.Murali Vinoth, learned Standing Counsel takes notice on behalf of the respondent. In view of the consent expressed by the learned counsel on either side, this Writ petition is taken up for final disposal at the admission stage itself.

3. It is the case of the petitioner that he joined the services of the Respondent Transport Corporation as a Conductor on 13.07.1987 and after completion of 29 years of service, he retired from service on 31.01.2016 as a Selection Grade Conductor, on attaining the age of superannuation. While so, though the petitioner surrendered 51 days of his earned leaves, the respondent has not settled the amount payable towards those surrendered 2/6

earned leaves. Hence, the petitioner made an application under the Right to Information Act, seeking information regarding the dues under the encashment of Earned Leaves surrendered by him. In response to the said application, the respondent, vide communication dated 11.02.2025 furnished the following details:- Information sought Reply Earned leave dues Rs.25,998/- (51 days)

4. Despite acknowledging that the petitioner is entitled to the amount mentioned above, the respondent has not come forward to clear the dues. Thereby, the petitioner sent a representation on 02.07.2025, however, the same evoked no response. Hence, the present Writ petition is filed, seeking to settle the amount admitted under the RTI Act towards the Encashment of Earned Leave surrendered by the petitioner, along with 18% interest per annum, either based on his monthly wages of the respective months of surrender of those earned leaves, together with 18% interest from the respective due dates or based on the monthly wages payable on the month of his retirement, together with 18% interest from the date of his retirement.

5. Heard the learned counsel on either side and perused the records. 3/6

6. On perusal of the papers, it is evidently clear that the petitioner is entitled to the amount mentioned supra. Therefore, the respondent is directed to settle the amount, as admitted under the Right to Information Act, towards the encashment of earned leave surrendered by the petitioner, along with 6% interest per annum, from the date on which the amount became due and payable till the date of actual disbursement of the same to the petitioner, within a period of eight (8) weeks from the date of receipt of a copy of this order. It is made clear that if the amount is not paid within the time frame fixed by this Court, it will fetch interest at the rate of 9% p.a. from the date on which the amount became due and payable till the date of actual realisation.

7. Accordingly, this Writ petition stands disposed of. No costs. 17.09.2025 (5/6) skt Index : Yes/No Speaking order : Yes/No NCC : Yes/No 4/6

To:

The Managing Director, Tamil Nadu State Transport Corporation (Kovai) Ltd., Erode Region, Erode.

A.D.JAGADISH CHANDIRA, J.

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skt (5/6) 17.09.2025 6/6