Madras High CourtWP(MD)/4838/2017disposed of

G.Dhandapani, S/O.Ganesan v. Tamil Nadu State Transport

2017-03-22Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 22.03.2017 Coram THE HON'BLE MR.JUSTICE S.S.SUNDAR Writ Petition (MD)No.4838 of 2017 G.Dhandapani ... Petitioner -Vs1. The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Represented by its Managing Director, Kumbakonam.

2. The General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam Region, Kumbakonam.

... Respondents Prayer :

Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to settle the petitioner's surrender leave salary of Rs.82,462/ -for 72 days from 2009-2014 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.A.Rahul For Respondents : Mr.D.Sivaraman, Standing Counsel for TNSTC

O R D E R

This writ petition has been filed for a writ of Mandamus directing the respondents to settle the petitioner's surrender leave salary of Rs.82,462/ -for 72 days from 2009-2014 together with interest at the rate of 18% per annum payable from the date of retirement to till the date of actual payment.

2. The facts in this case are not in dispute. In similar circumstances, this Court has directed the respondents to consider the claim of the petitioner for payment of earned leave surrender salary.

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3. The learned counsel for the petitioner relies upon the judgment of this Court in W.P.(MD).No.17789 of 2016 dated

06.10.2016.

4. The learned Standing counsel appearing for the respondents has no objection for passing the similar order in this writ petition.

5. Considering the representations of counsel on either side, this Court is inclined to pass the following directions: The respondents are directed to consider the claim of the petitioner for payment of the earned leave surrender salary in respect of the years 2009 - 2014 and pay the eligible amount to the petitioner as per the commitment made by the respondents under Section 12(3) Settlement within a period of eight weeks from the date of receipt of a copy of this order.

5. With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-III) /True Copy/ Sub Assistant Registrar + 1 CC TO Mr.D.SIVARAMAN, ADVOCATE IN SR No. 16768 + 1 CC TO Mr.A.RAHUL, ADVOCATE IN SR No. 16850 AKV TE/JC/SAR-IV : 17/04/2017 : 2P/3C Writ Petition (MD)No.4838 of 2017 22.03.2017 https://hcservices.ecourts.gov.in/hcservices/