Balakrishnan.K v. The Tamil Nadu State Transport
W.P(MD)No.13900 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.08.2021
CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P(MD)No.13900 of 2021 K.Balakrishnan ... Petitioner Vs.
1.The Tamil Nadu State Transport Corporation (Kumbokonam) Limited, Represented by its Managing Director, Kumbakonam.
2.The General Manager, Tamil Nadu State Transport Corporation Kumbakonam Limited, Karur Region, Karur.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to pay the petitioner's surrender leave salary for 113 days of Rs.2,63,819/- for the years 2011-2020 together with interest at the rate of 6% per annum from the date of retirement to till the date of disbursement within the time that may be stipulated by this Court.
For Petitioner : Mr.A.Rahul For Respondents : Mr.D.Sivaraman Standing Counsel
ORDER
This Writ Petition has been filed for the issue of a Writ of Mandamus, directing the respondents to pay the petitioner's surrender leave salary for 113 days of Rs.2,63,819/- for the years 2011-2020 together with interest at the rate of 6% per annum from the date of retirement to till the date of disbursement
2. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents.
3. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.
4. According to the petitioner, he was employed as TE Level-6 in the first respondent corporation and he retired from service on 30.04.2020. While he was in service, his surrender leave encashment for 113 days has not been settled to him. Hence, he made a representation on 30.06.2021 to the respondents requesting to settle the surrender leave encashment. But, so far no orders have been https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P(MD)No.13900 of 2021 passed by the respondents.
5.Mr.A.Rahul, learned counsel for the petitioner has brought to the notice of this Court that the similar issue has been considered by this Court and final orders have been passed in WP.(MD) No.6443 of 2021 dated 22.03.2021. Hence, on the similar lines, the present writ petition is to be disposed of.
6. The learned Standing counsel appearing for the respondents would submit that the petitioner's representation would be considered by taking note of the earlier orders passed by this Court cited supra within the time stipulated by this Court.
7. Considering the above submissions of the learned counsel on either side, this Court directs the second respondent to consider the petitioner's representation dated 30.06.2021 by taking note of the earlier order passed by this Court in WP.(MD) No.6443 of 2021 dated 22.03.2021 on merits and pass appropriate orders within a period of 8 weeks from the date of receipt of a copy of this order.
8. With the above direction, the writ petition stands disposed of. No costs.
Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) dn 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, Tamil Nadu State Transport Corporation (Kumbokonam) Limited, Kumbakonam.
2.The General Manager, Tamil Nadu State Transport Corporation Kumbakonam Limited, Karur Region, Karur.
+1 CC to M/s.D.SIVARAMAN, Advocate ( SR-25751[F] dated 10/08/2021 ) +1 CC to M/s.A.RAHUL, Advocate ( SR-25822[F] dated 10/08/2021 ) W.P(MD)No.13900 of 2021 10.08.2021 RD(19.08.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2