Arunachalam.M v. The Tamil Nadu State Transport Corporation
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.07.2021 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU W.P.(MD)No. 11610 of 2021 N.Arunachalam ... Petitioner -vs1.The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Represented by its Managing Director, Kumbakonam.
2.The General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam Region, Kumbakonam - 612 001.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondents to settle the Petitioner's surrender leave salary for 120 days in respect of the years 2010-2020 together with interest at the rate of 18% per annum from the date of retirement to till the date of actual payment.
For Petitioner : Mr. D.Senthilkumar For Respondents : Mr. D.Sivaraman Standing counsel
ORDER
(through video conference) Heard Mr. D.Senthilkumar, Learned Counsel for the Petitioner and Mr. D.Sivaraman, Learned Standing Counsel, who takes notice for the Respondents, and perused the materials placed on record, apart from the pleadings of the parties.
2.
The Petitioner, who has retired from service of the Respondents, has filed this Writ Petition for directing to pay the amount towards encashment of 120 days of surrendered earned leave in the years 2010 to 2020 with interest. It is represented by the Learned Counsel for the Petitioner that though larger relief has been sought, the Petitioner would be satisfied if the representation dated 17.09.2018 made by the Petitioner to the Respondents in that regard is disposed within a time limit stipulated by this Court. 1/3
3.
Learned Standing Counsel for the Respondents submits that due to prevalent COVID pandemic, the Respondents are facing financial constraints and is not in a position to make immediate payment of the entire amount that may be found payable and informs that the same would be paid in installments.
4.
Having regard to the aforesaid submissions made by Learned Counsel for both sides, this Court without expressing any view on the correctness or entitlement of the claim made, passes the following order:- (i) the concerned authority of the Respondents shall immediately consider the representation dated 17.09.2018 made by the Petitioner;
(ii) if it is found that the Petitioner has not satisfied with the prescribed requirements or eligibility criteria for extending the benefits claimed, the deficiencies in that regard shall be informed in writing to him requiring the same to be furnished within a time frame of not less than 10 working days; (iii)in the event of concerned authority not being satisfied with the compliance of the requirements even thereafter, an enquiry shall be conducted affording full opportunity of personal hearing to the Petitioner to explain his position in that regard;
(iv) the concerned authority of the Respondents shall pass reasoned orders dealing with each of the contentions raised on merits and in accordance with law and communicate the decision taken to the Petitioner by 30.10.2021 under written acknowledgment; (v) if the Petitioner is entitled to the claim made, it shall be ensured that the eligible amount is paid in four monthly installments from the date of passing of that order; and (vi) report of compliance in that regard shall be filed before the Registrar (Judicial) of this Court without fail. 5.
In the result, the Writ Petition is disposed on the aforesaid terms. No costs.
Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) sm 2/3
Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned. To 1.The Managing Director, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam.
2.The General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam Region, Kumbakonam - 612 001.
Copy to 1.The Registrar (Judicial) Madurai Bench of Madras High Court, Madurai.
+1 CC to MR.D.SENTHIL KUMAR, Advocate ( SR-22357[F] dated 13/07/2021 ) +1 CC to MR.D.SIVARAMAN, Advocate ( SR-22366[F] dated 13/07/2021 ) W.P.(MD)No.11610 of 2021 (3/7) 13.07.2021 MGJ(23.07.2021) 3P 6C 3/3