Madras High CourtWP(MD)/14582/2022disposed of

Paneer Selvam.R v. The Managing Director

2022-07-07Honourable Mr Justice G. Chandrasekharan5 pages

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 07.07.2022

CORAM

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN R.Panneer Selvam ... Petitioner Vs 1.The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Limited, Bye-pass Road, Madurai - 625 016.

2.The General Manager, Tamil Nadu State Transport Corporation (Madurai) Limited, Bye-pass Road, Madurai - 625 016.

... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to settle petitioner's surrender leave salary for 60 days in respect of the years 2011-2012, 2012-2013, 2013-2014, 2014-2015, 2015-2016, 2016-2017, 2017-2018 and 2018-2019 together with interest at the rate of 18% per annum payable from the date of retirement to till the date of actual payment. For Petitioner : Mr.K.Gokul For Respondents : Mr.S.Ramachandra Pradeep Standing Counsel 1/5

ORDER

This Writ Petition is filed for issuance of a Writ of Mandamus, directing the respondents to settle petitioner's surrender leave salary for 60 days in respect of the years 2011-2012, 2012-2013, 2013-2014, 2014-2015, 2015-2016, 2016-2017, 2017-2018 and 2018-2019 together with interest at the rate of 18% per annum payable from the date of retirement to till the date of actual payment.

2. Learned counsel appearing for the petitioner submitted that the petitioner was not permitted to surrender an encash leave for a period of 60 days from 2011 to 2019. Despite making several representations, his request was not favourably considered and he made his last representation on 17.06.2022.

3. Learned counsel appearing for the petitioner also pressed into service the order of this Court in W.P(MD)No.5967 of 2021 to show that in a similar case, a direction was issued to the respondents to pay surrender leave salary with 6% interest from the date of retirement till the actual date of disbursement to the petitioner.

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4. Mr.S.Ramachandra Pradeep, learned Standing Counsel takes notice for the respondents and submitted that the petitioner's representation will be considered.

5. Considering the limited scope of this petition and prayer, this Court directs the respondents to consider the petitioner's representation, dated 17.06.2022 with regard to his claim of encashment of surrender leave and pass appropriate orders as to his entitlement of number of days of surrender leave, he can encash. The said exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

07.07.2022 Internet :Yes Index :Yes / No ps 3/5

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 (Madurai) Limited, Bye-pass Road, Madurai - 625 016.

2.The General Manager, Tamil Nadu State Transport Corporation (Madurai) Limited, Bye-pass Road, Madurai - 625 016.

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G.CHANDRASEKHARAN, J.

ps Order made in 07.07.2022 5/5