Madras High CourtWP(MD)/18816/2018disposed of

P.Durairaju,Staff.No.89 Dr v. The Government Of Tamilnadu

2018-08-29Honourable Mr Justice S. Vaidyanathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.08.2018

CORAM:

THE HONOURABLE Mr.JUSTICE S.VAIDYANATHAN W.P.(MD)No.18816 of 2018 1.P.Durairaju 2.P.L.Muthuraja 3.K.S.Rajagopalan 4.S.Balakrishnan 5.P.Singaram 6.M.Sathiyadoss 7.R.Punniyamoorthy 8.V.Thirugnanasambanatham 9.K.Narayanasamy 10.N.Balakrishnan 11.R.Rajendran 12.P.Muthusamy 13.M.Ramasamy 14.M.Moorthy 15.M.Ramalingam ... Petitioners Vs.

1.The Government of Tamil Nadu, Represented by its Additional Chief Secretary to Government Transport Department, Secretariat, Chennai-600 009.

2.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam)Ltd., Railway Station Road, Kumbakonam, Thanjavur District.

3.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Periyamilaguparai, Trichy.

... Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to settle the petitioners benefit of enhancement of Earned Leave surrendered by them before the third respondent from the year 2010 to till the date of retirement of the petitioners with interest at 6% as per the 1998 Wage Settlement Effect under Section 12(3) of ID Act, 1947.

For Petitioners : Mr.N.Sudhagar Nagaraj For R1 : Mr.R.Sethuraman Special Government Pleader For R2 to R3 : Mr.D.Sivaraman

O R D E R

This Writ Petition has been filed to direct the respondents to settle the petitioners benefit of enhancement of Earned Leave surrendered by them before the third respondent from the year 2010 to till the date of retirement of the petitioners with interest at 6% as per the 1998 Wage Settlement Effect under Section 12(3) of ID Act, 1947.

2.Mr.R.Sethuraman, learned Special Government Pleader takes notice for the first respondent and Mr.D.Sivaraman, learned counsel takes notice for the second and third respondents. By consent, this Writ Petition is taken up for final hearing at stage of admission itself.

3.Since it appears that there is no dispute that the petitioners may be entitled for enhancement of earned leave surrendered by them from the year of 2010 till the date of their retirement, the respondents need to settle the revised amount as per Section 12(3) of ID Act, 1947, if there are no legal impediments. 4.In view of the above, the respondents are directed to consider the request of the petitioners and sanction the enhancement/differentiate amount to the petitioners, if eligible, within one month from the date of receipt of a copy of this order. 5.With the above observation, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS-II) To 1.The Additional Chief Secretary to Government Transport Department, Secretariat, Chennai-600 009.

2.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam)Ltd., Railway Station Road, Kumbakonam, Thanjavur District.

3.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Periyamilaguparai, Trichy.

+1 CC To MR.N.SUDHAGAR NAGARAJ, Advocate SR. NO.81014 +1 CC To MR.D.SIVARAMAN, Advocate SR. NO. 81120 +1 CC TO The Special Government Pleader SR.NO. 81286 W.P.(MD)No.18816 of 2018 29.08.2018 GNS TR/SKN-RSK/SAR-II(02.11.2018)3P 7C