Madras High CourtWP(MD)/17228/2017disposed of

V.A.Sebastian, S/O.Andi, v. The Management Of

2017-09-13Honourable Mr Justice T.Raja2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.09.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.17228 of 2017 V.A.Sebastian ... Petitioner -vsThe Management of Tamil Nadu State Transport Corporation (Madurai) Ltd., Madurai region, Rep. by its General Manager, Madurai.

... Respondent PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondent to pay the petitioner Rs.73,958/- towards encashment of 86.5 days of earned leaves, after correctly fixing / revising his monthly wages payable on the month of his retirement by taking into account the increased / revised grade pay payable to him as per G.O.Ms.No.61 Transport (C) Department, Government of Tamil Nadu, dated 30.04.2015, together with 18% interest per annum, within a time frame as may be fixed by this Court. For Petitioner : Mr.S.Arunachalam For Respondent : Mr.A.Jeyaram Standing Counsel for TNSTC

O R D E R

*********** By the consent of both sides, the writ petition itself is taken for final disposal.

2.The petitioner is a retired Driving Instructor in the respondent Corporation. On reaching the age of superannuation, the petitioner retired from service with effect from 28.02.2011. The grievance of the petitioner is that Rs.73,958/- (Rupees Seventy Three Thousand Nine Hundred and Fifty Eight only) payable towards encashment of 86.5 days of earned leave, after correctly fixing / revising the increased / revised grade pay as per G.O.Ms.No.61, Transport (C) Department, Government of Tamil Nadu, dated 30.04.2015, has not been disbursed to the petitioner. In this https://hcservices.ecourts.gov.in/hcservices/

regard, the petitioner has also given a representation on 21.07.2017. Since, the said representation is pending consideration, the petitioner is before this Court with the present writ petition.

3.Mr.Jeyaram, learned Standing Counsel, who takes notice for the respondent, seeks four weeks time to consider the petitioner's representation.

4.Considering the limited scope of prayer sought for by the petitioner, this Court without going into the merits of the matter, hereby directs the respondent to consider the petitioner's representation. If the petitioner is found entitled to the said prayer, the same shall be considered on merits and pass appropriate orders to disburse the said amount. 5.The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(Records) /True Copy/ Sub-Assistant Registrar To The General Manager, The Management of Tamil Nadu State Transport Corporation (Madurai) Ltd., Madurai region, Madurai.

+One cc to Mr.S.Arunachalam, Advocate, SR.No.78451 Mrn/MR RL/3C/2P/JC/SAR2/20/10/2017 W.P.(MD)No.17228 of 2017 13.09.2017 https://hcservices.ecourts.gov.in/hcservices/