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Madras High CourtWP(MD)/9192/2023allowed

Rajagopal. A v. The Government Of Tamil Nadu

2023-06-23Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.06.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN A.Rajagopal ... Petitioner Vs 1.The Government of Tamil Nadu, Represented by its Secretary to Government, Transport Department, Secretariat, Chennai - 600 009.

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

3.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Trichy Region, Periyamilaguparai, Trichirappalli District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to settle the 1/4

petitioner's benefit of encashment of Earned Leave (41 days) surrendered by petitioner's before the respondents 2 and 3 from the year 2010 to till the date of retirement of the petitioner with interest at 6% as per the 1998 Wage Settlement Effect under Section 12 (3) of ID Act, 1947.

For Petitioner : Mr.N.Sudhagar Nagaraj For Respondents : Mr.G.Suriyananth Additional Government Pleader for R.1 Mr.K.Jagadees Balan Standing Counsel for R.2 & R.3

ORDER

Heard the learned counsel on either side.

2. The writ petitioner is a retired employee of the respondent Corporation. His grievance is non-settlement of the surrender leave salary to him.

3. The issue raised in the writ petition is no longer res integra. It is squarely covered by the order dated 04.10.2021 passed by the Hon'ble Division Bench in W.A.(MD)Nos.1883 to 1892 of 2021.

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4. Respectfully following the same, the respondents are directed to disburse the surrender leave salary to the petitioner herein in six monthly installments with 6% interest. The first installment shall commence from 20.07.2023.

5. The writ petition is allowed accordingly. There shall be no order as to costs.

23.06.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To 1.The Secretary to Government, Transport Department, Secretariat, Chennai - 600 009.

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

3.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Trichy Region, Periyamilaguparai, Trichirappalli District.

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G.R.SWAMINATHAN, J.

MGA 23.06.2023 4/4