S.Panchatcharam v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.01.2025

CORAM

THE HONOURABLE MR. JUSTICE MUMMINENI SUDHEER KUMAR S.Panchatcharam

...Petitioner

Vs.

1.The Managing Director, Tamil Nadu State Transport, Corporation (Villupuram) Ltd., 3/137, Salamedu, Villupuram-605 602.

2.The General Manager, Tamil Nadu State Transport Corporation.

(Villupuram) Ltd., Vellore Region, Rangapuram, Vellore-632009.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of mandamus, directing the respondents to disburse the leave encashment benefits to the petitioner which he is entitled for the periods of 02/2019 and 02/2020 with interest at the rate of 8% per annum from the said date of entitlement to till the date of actual disbursement within 1/5

a time limit to be stipulated by this Court.

For Petitioner : Mr.J.Lakshminarayanan For Respondents : Mr.R.Venkatesa Perumal

ORDER

This writ petition has been filed seeking issuance of a writ of mandamus directing the respondent to disburse the leave encashment benefits to the petitioner with interest at the rate of 18% per annum from the said date of entitlement to till the date of actual disbursement.

2. Heard Mr.J.Lakshminarayanan, learned counsel appearing for the petitioner and Mr.R.Venkatesa Perumal, learned counsel appearing for the respondents 2 and 3.

3. The case of the petitioner is that he was working as Foreman in the respondent Corporation and ultimately, he retired from service on 21.03.2023 on attaining the age of superannuation in the cadre of Foreman.

4. The grievance of the petitioner is that even though he retired from service as early as on 21.03.2023, the respondents have not settled the leave encashment benefit. In view of the same, the petitioner submitted a representation to the respondent on 11.11.2024 to disburse the leave 2/5

encashment benefit with interest at 8% p.a. Since the same was not considered, the present writ petition has been filed.

5. Taking into consideration the facts and circumstances of the case and the grievance expressed by the petitioner, there shall be a direction to the respondent to pay the eligible and admissible amount with interest at the rate of 6% p.a. for the belated payment to the petitioner within a period of six (6) 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 12% p.a. from the date on which the amount became due and payable till the date of actual realisation.

6. The petitioner is directed to submit a fresh representation to the respondent along with a copy of this order.

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1.The Managing Director, Tamil Nadu State Transport, Corporation (Villupuram) Ltd., 3/137, Salamedu, Villupuram-605 602.

2.The General Manager, Tamil Nadu State Transport Corporation.

(Villupuram) Ltd., Vellore Region, Rangapuram, Vellore-632009.

MUMMINENI SUDHEER KUMAR, J.

vsn 4/5

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