Ambikapathi U v. The Government Of Tamil Nadu

1 W.P.(MD)NO.8252 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.06.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.8252 of 2023 AND W.M.P.(MD)Nos.7598 & 7599 of 2023 U.Ambikapathi ... Petitioner Vs.

1. The Government of Tamil Nadu, Rep. by its Secretary to Government, Transport Department, Fort St. George, Chennai - 600 009.

2. The Managing Director, Tamil Nadu State Transport Corporation (KMB) Ltd., Kumbakonam, Thanjavur District.

3. The General Manager, Tamil Nadu State Transport Corporation (KMB) Ltd., Kumbakonam Region, Thanjavur District.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the entire records pertaining to the impugned order dated 14.11.2022 in Ref.

TNSTC//KUM/LEGAL/L2/12341/2021 passed by the 3rd respondent and quash the same and consequently direct the 3rd respondent to sanction surrender leave salary to the petitioner within the time limit that may be fixed by this Court. 1/5

2 W.P.(MD)NO.8252 OF 2023 For Petitioner : Mr.N.Sudhagar Nagaraj For R-1 : Mr.T.Villavan Kothai, Additional Government Pleader.

For R-2 & R-3 : Mr.K.Jagadeesbalan, Standing counsel.

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O R D E R

Heard the learned counsel on either side.

2. The writ petitioner is a retired employee of the transport corporation. His specific allegation is that he was not disbursed with the surrender leave salary benefit. The petitioner had earlier filed W.P.(MD)No.12341 of 2021. This Court vide order dated 25.08.2022 directed the respondents to disburse the surrender leave salary in the light of the order passed by this Court in W.P.(MD)No.3757 of 2021 dated 26.02.2021. The grievance of the writ petitioner is that even pursuant to the said direction, the employer has not paid his surrender leave salary benefit. The petitioner would further argue that the respondents are deliberately confusing the issue between earned leave salary and surrender leave salary benefits.

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3 W.P.(MD)NO.8252 OF 2023

3. When the matter was taken up for hearing, I posed a specific question to the respondents as to whether the petitioner is entitled to surrender leave salary or not. The answer is in the affirmative. The respondents categorically state that the petitioner was having to his credit total number of 39 days towards surrender leave. The respondents 2 and 3 are directed to quantify the amount payable to the writ petitioner and pay the same within a period of twelve weeks from the date of receipt of a copy of this order. 4.The writ petition is allowed accordingly. No costs. Consequently, connected miscellaneous petitions are closed. 27.06.2023 NCS : Yes / No Index : Yes / No Internet : Yes / No PMU 3/5

4 W.P.(MD)NO.8252 OF 2023 To:

1. The Secretary to Government, Transport Department, Fort St. George, Chennai - 600 009.

2. The Managing Director, Tamil Nadu State Transport Corporation (KMB) Ltd., Kumbakonam, Thanjavur District.

3. The General Manager, Tamil Nadu State Transport Corporation (KMB) Ltd., Kumbakonam Region, Thanjavur District.

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5 W.P.(MD)NO.8252 OF 2023 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.8252 of 2023 27.06.2023 5/5