K.Chellakannu v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.7.2016

CORAM:

THE HON'BLE MR.JUSTICE T.RAJA W.P.(MD)Nos.13063 and 13064 of 2016 K.Chellakannu

...Petitioner in W.P.(MD).No.13063/2016

P.Raju ... Petitioner in W.P.(MD).No.13064/2016 Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation, Thiruvalluvar Illam Pallavan Salai, Chennai-600 002.

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

.. Respondents in both WPs Petitions filed under Article 226 of the Constitution of India to issue Writs of Mandamus directing the first respondent to consider the petitioner's representation dated 21.04.2016 and to pay the surrender leave encash amount to the petitioners. For Petitioners : Mr.T.Gopi Alias Gopalakrishna For Respondents : Mr.A.Jeyaram COMMON ORDER Since the issue involved in both the Writ Petitions is one and the same, they are taken up together and disposed of, by this common order.

2.

The petitioners have come before this Court seeking to encash their surrender leave salary by considering their representations, dated 21.04.2016.

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3. A perusal of the affidavits filed in support of the Writ Petitions would show that nowhere the petitioners have mentioned the period for which they claim proceeds against surrender of leave. Further, the petitioner in W.P.(MD).No.13063 of 2016 and W.P.(MD).No.13064 of 2016, have come to this Court, after a period of five years and three years, respectively, from their retirement. In other words, both the petitioners made applications seeking the aforesaid benefits only in the year 2016. Therefore, they are guilty of laches also. Under the said circumstances, this Court is not inclined to entertain the Writ Petitions, as there is no material particulars made available by the petitioners to consider their plea.

3.

Accordingly, the Writ Petitions are dismissed. No costs.

Sd/ Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar To 1.The Managing Director, Tamil Nadu State Transport Corporation, Thiruvalluvar Illam Pallavan Salai, Chennai-600 002.

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

+2 cc to MR.INBARAJ, Advocate SR.No.39658, 39659 W.P.(MD)Nos.

13063 and 13064 of 2016 26.7.2016 SMA/SKS-RR/12/09/2016 :2P/5C https://hcservices.ecourts.gov.in/hcservices/