Madras High CourtWP(MD)/16770/2015dismissed

M.Palanichamy, v. The Managing Director

2015-09-15Honourable Mr Justice T.Raja2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.09.2015 Coram THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.16770 of 2015 M.Palanichamy :Petitioner vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Madurai Ltd.), Bypass Road, Madurai, Madurai District.

2.The General Manager, Tamil Nadu State Transport Corporation (Madurai Ltd.), Dindigul, Dindigul District.

3.Tamil Nadu State Transport Corporation (Madurai Ltd.), Palani Branch, Palani, Dindigul District.

: Respondents Prayer: Petition is filed under Article 226 of the Constitution of India for the issue of a Writ of Mandamus, directing the respondents 1 & 2, to disburse the encashed Earn leave of 230 days amount to a sum of Rs.1,40,000/- with 12% interest by considering the petitioner's representation, dated 17.08.2015, within the period that may be stipulated by this Court.

For Petitioner :Mr.M.Natarajan For Respondents :Mr.A.Jayaram

O R D E R

This Writ Petition has been filed by Mr.M.Palanichamy, seeking a Mandamus, directing the respondents, to consider the representation, dated 17.08.2015, wherein the petitioner has made a request to disburse the encashed Earn leave of 230 days amounting to a sum of Rs.1,40,000/- with 12% interest. https://hcservices.ecourts.gov.in/hcservices/

2. This Court is not able to see any merits in the writ petition. The reason is, the petitioner was appointed as a Driver

on 01.12.1982 in the Tamil Nadu State Transport Corporation, Madurai Ltd., Palani Brnach, Dindigul District. After putting in 30 years of service, he retired from service, on reaching the age of superannuation on 31.01.2011. It is his own case that on retirement, he was paid with retirement benefits and pension but, however, surrender leave salary has not been paid. Therefore, the petitioner made a representation on 17.08.2015. As there was no response, he has come to this Court.

3. But this Court finds no reason to condone the delay of 400 days in making a representation. The petitioner has also failed to file any previous representation. Therefore, finding that he is guilty of latches and undue delay, this Court is not inclined to grant the prayer sought for by the petitioner. Therefore, the writ petition is dismissed. No costs.

Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar mpk To 1.The Managing Director, Tamil Nadu State Transport Corporation (Madurai Ltd.), Bypass Road, Madurai, Madurai District.

2.The General Manager, Tamil Nadu State Transport Corporation (Madurai Ltd.), Dindigul, Dindigul District.

3.Tamil Nadu State Transport Corporation (Madurai Ltd.), Palani Branch, Palani, Dindigul District.

+1CC to Mr.A.Jeyaram Advocate Sr.No.54372 +1CC to Mr.M.Natarajan Advocate Sr.No.54719 GJM/AAL/MPA/30.10.15-2P-6C W.P.(MD)No.16770 of 2015 15.09.2015 https://hcservices.ecourts.gov.in/hcservices/