Madras High CourtWP(MD)/15588/2017disposed of

R.Iyya Durai v. The Managing Director

2017-08-21Honourable Mr Justice T.Raja2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.15588 of 2017 R.Iyya Durai S.G.Driver (Rtd), E.D.P.No.5507, 1-136/B, Chettivilai, Alancodu Post, Kanyakumari District - 629 802.

... Petitioner Vs.

1.The Managing Director, State Express Transport Corporation Ltd., Pallavan Salai, Chennai - 600 002.

2.The General Manager, (OPE & ADMN), State Express Transport Corporation Ltd., Pallavan Salai, Chennai - 600 002. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to disburse the leave salary for 259 days (EL 201.5 + ML 55.5) to the petitioner.

For Petitioner : Mr.C.T.Perumal For Respondents : Mr.K.Sathiya Singh for Transport Corporation

O R D E R

By consent, the writ petition is taken up for final hearing.

2. Heard the learned counsel for the petitioner and the learned counsel for the respondents.

3. The petitioner, who is a Senior Grade Driver from the 2nd respondent Corporation, retired with effect from 30.09.2011 on attaining the age of superannuation. His grievance is that his leave salary for 259 days (EL 201.5 + ML 55.5) has not been disbursed till date. Therefore, he has given a representation on 08.08.2017 by Registered Post with acknowledgment due seeking disbursement of the leave salary benefits. But, till date, the same has not been disbursed and hence, the petitioner is before this Court.

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4. Mr.K.Sathiya Singh, takes notice for the respondents, sought for 12 equal instalments for disbursement of the entire

salary.

5. In view of the above, the respondents are directed to consider the representation dated 08.08.2017 and if he is found eligible, the same shall be disposed of within a period of four weeks from the date of receipt of a copy of this order and the leave salary shall be disbursed with 12 equal instalments. The first instalment shall commence from October 2017. 6.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(AD-II) /True copy/ Sub Assistant Registrar To 1.The Managing Director, State Express Transport Corporation Ltd., Pallavan Salai, Chennai - 600 002.

2.The General Manager, (OPE & ADMN), State Express Transport Corporation Ltd., Pallavan Salai, Chennai - 600 002.

+1cc to Mr.C.T.PERUMAL,Advocate,SR.73294 +1cc to Mr.K.SATHIYA SINGH,Advocate,SR. 73431 W.P.(MD)No.15588 of 2017 21.08.2017 LS/RR KK/SKN RSK/SAR 3/18.09.2017/ 2P- 5C https://hcservices.ecourts.gov.in/hcservices/