Balu.S v. The Managing Director

1 W.P.(MD)NO.9832 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.9832 of 2023 AND W.M.P.(MD)No.8664 of 2023 S.Balu ... Petitioner Vs.

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

2. The General Manager, Tamil Nadu State Transport Corporation (KMB) Ltd., Trichy Region, Periyamilaguparai.

Tiruchirappalli 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 28.09.2021 in Ref. TNSTC/ KUM/Legal/L2/11896-5/2021 passed by the 2nd respondent and quash the same and consequently direct the 2nd respondent to sanction surrender leave salary for 120 days to the petitioner along with interest within the time limit that may be fixed by this Court.

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2 W.P.(MD)NO.9832 OF 2023 For Petitioner : Mr.N.Sudhagar Nagaraj For Respondents : Mr.K.Jagadeesbalan, Standing Counsel.

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O R D E R

Heard the learned counsel on either side.

2. The petitioner is a retired employee of the respondent Corporation. He had 120 days leave to his credit. He wanted to surrender the same and encash it. By the impugned order, his request was not accepted.

3. It has been held in a catena of decisions that the petitioner is entitled to surrender leave salary. One such order has been enclosed in the typed set of papers. There is no reason to deny the benefit of surrender leave salary to the petitioner. The order impugned in this writ petition is set aside. The respondents are directed to disburse the surrender leave salary to the petitioner within a period of three months from the date of receipt of a copy of this order. I consciously 2/4

3 W.P.(MD)NO.9832 OF 2023 refrain from quantifying the exact figure. This writ petition stands allowed. No costs. Consequently, connected miscellaneous petitions are closed.

27.06.2023 NCS : Yes / No Index : Yes / No Internet : Yes / No PMU To:

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

2. The General Manager, Tamil Nadu State Transport Corporation (KMB) Ltd., Trichy Region, Periyamilaguparai.

Tiruchirappalli District.

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4 W.P.(MD)NO.9832 OF 2023 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.9832 of 2023 27.06.2023 4/4