The Managing Director v. K.Nallu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.10.2017

CORAM:

THE HONOURABLE MS.INDIRA BANERJEE, CHIEF JUSTICE AND THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.A.[MD].No.1423 of 2016 IN WP(MD)No.3632 of 2013 and C.M.P(MD).No.10720 of 2016 The Managing Director, M/s.Tamil Nadu State Transport Corporation (Madurai) Ltd., Bye-pass Road, Madurai 625 016.

: Appellant Vs.

K.Nallu : Respondent PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent against the order dated 12.06.2014 made in W.P.(MD).No.3632 of 2013, on the file of this Court.

Prayer in WP(MD)No.3632/ 2013 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to pay a sum of Rs.40,503/- being the difference amount of encashment of earned leave between the encashment of earned leave paid based on the pre-revised scale and the encashment of earned leave payable based on the revised scale along with 18% interest to the petitioner.

For Appellant : Mr.A.Jeyaram For Respondent : Mr.C.Thangamani

JUDGMENT

[Delivered by The Hon'ble Chief Justice] This appeal is against an order dated 12.06.2014 passed by the learned Single Judge, allowing the Writ Petition filed by the respondent/writ petitioner for payment to the respondent/writ petitioner of the difference between the amount paid to the respondent/writ petitioner towards encashment of earned leave on the basis of the pre-revised scale and the amount payable to and/or receivable by the respondent/writ petitioner on the basis of his revised pay scale along with interest.

2. Pursuant to the recommendations of the Pay Commission, the

Government of Tamil Nadu had revised the scale of pay and allowances of State Government employees with effect from 01.01.2006. Thereafter, orders were issued extending the revised pay and allowances to the employees of the Tamil Nadu State Transport Corporation, but with a rider that the extension would depend upon the financial position of the Corporation.

3. It appears that there was also a clarification that as the employees who had retired between 01.01.2006 and 31.12.2006 were entitled to notional pay fixation in the revised scales of pay, the undrawn pay would be reckoned for sanctioning the pensionary benefits consequent on the implementation of the revised scales of pay. Therefore, the difference amount of encashment of earned leave/unearned leave on private affairs or DCRG due to revision of scales of pay in respect of the retirees from 01.01.2006 to 31.05.2009 would be disbursed in three equal annual instalments as specified in the Government Orders.

4. The learned Single Bench observed rightly that a perusal of the clarification made it amply clear that the retired employees were entitled to the difference between the amount paid as per the pre-revised scales of pay on account of encashment of earned leave and the amount payable on account of encashment of leave as per the revised scales of pay. The Writ Petition was disposed of with a direction on the appellant to pay the respondent/writ petitioner the differential amount within twelve weeks.

5. The issues in the Writ Petition were covered by an earlier Judgment and Order of the Single Bench disposing of W.P.(MD).No.971 of 2013, along with seven other Writ Petitions. The learned Single Bench, in its order dated 27.03.2014, disposing of inter alia W.P. (MD).No.971 of 2013, found that all the Writ Petitioners, who had been working with the Tamil Nadu State Transport Corporation, had retired on superannuation on different dates.

6. Against the aforesaid order, the appellants had appealed. The appeal was disposed of by a Judgment and Order dated 15.06.2017 of a Division Bench of this Court, comprising T.S.SIVAGNANAM, J and P.VELMURUGAN, J.

7. In this appeal, the appellant is re-agitating the issues that had already been urged and not accepted in Writ Appeal (MD). Nos.716 and 718 of 2017. It seems that the amount payable to the respondent on account of differential value is only Rs.40,000/- [Rupees Forty Thousand only]. There can be no question of payment in instalment, when the amount is small. The amount, as directed by the learned Single Bench, shall be forthwith disbursed to the respondent and in any case, within a period of four weeks from the date of communication of this judgment. The respondent shall be entitled to interest at the rate of 6% per annum, as granted in Writ Appeal (MD).Nos.716 and 718 of 2017, dated 15.06.2017.

8. The Writ Appeal is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (Writs) /True Copy/ Sub Assistant Registrar To The Managing Director, M/s.Tamil Nadu State Transport Corporation (Madurai) Ltd., Bye-pass Road, Madurai 625 016.

+ 1 CC TO M/s.C.THANGAMANI, ADVOCATE IN SR No. 83949 NB/RSB TE/SV-MMS/SAR-II : 03/11/2017 : 3P/3C JUDGMENT MADE IN W.A.[MD].No.1423 of 2016 IN WP(MD)No.3632 of 2013 and C.M.P(MD).No.10720 of 2016 25.10.2017