P.Karuppukily, v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.09.2016 C O R A M THE HONOURABLE DR.JUSTICE S.VIMALA Writ Petition (MD) No.17460 of 2016 P.Karuppukily .. Petitioner Vs.

1.The State of Tamil Nadu, Rep. by its Principal Secretary to Government, Transport Department and Chairman of Board of Directors of State Transport Undertakings, Fort St.George, Chennai - 9.

2.The Management of the Tamil Nadu State Transport Corporation (Madurai) Ltd., Rep. by its The Managing Director, Bye Pass Road, Madurai - 10.

3.The General Manager, Tamil Nadu State Transport Corporation (Madurai) Ltd., Madurai Region, Madurai.

.. Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to extend the benefit of surrender and encashment of unearned leave on private affairs for the period of 90 days to the petitioner and to pay monetary benefits to him with interest at the rate of 18% per annum payable from the date of his retirement to till the date of payment of the said monetary benefit based on the scheme of unearned leave on private affairs in accordance with G.O.Ms.No.488 Finance (Pension) Department of Government of Tamil Nadu, dated 12.08.1996 and Tamil Nadu Government Letter No.37568/BPE/2006, dated 28.01.2008 and Board resolution of the second respondent Corporation bearing Resolution No.8, dated 25.03.2010.

For petitioner ...

Mr.A.Rahul For Respondents ...

Mr.A.Jayaram Standing Counsel for TNSTC

O R D E R

This is a Writ of Mandamus directing the respondents to extent the benefit of surrender and encashment of unearned leave on private affairs for the period of 90 days to the petitioner and to pay monetary benefits to him with interest at the rate of 18% per annum payable from the date of his retirement to till the date of payment of the said monetary benefit based on the scheme of unearned leave on private affairs in accordance with G.O.Ms.No.488 Finance (Pension) Department of Government of Tamil Nadu, dated 12.08.1996 and Tamil Nadu Government Letter No.37568/BPE/2006, dated 28.01.2008 and Board resolution of the second respondent Corporation bearing Resolution No.8, dated 25.03.2010. 2.Heard the learned counsel for the petitioner. Mr.A.Jayaram, learned standing counsel takes notice for the respondents.

3.The grievance of the petitioner is that the benefit of surrender and encashment of unearned leave on private affairs for the period of 90 days is not given to him. Hence, he has given a representation, dated 16.07.2016. But the same has not been considered so far. Therefore, the petitioner has filed this writ petition.

4.Under the stated circumstances, the respondents are directed to consider the representation of the petitioner, dated 16.07.2016 and pass appropriate orders, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

6.With the above directions, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar To 1.The Principal Secretary to Government, Transport Department and Chairman of Board of Directors of State Transport Undertakings, Fort St.George, Chennai - 9.

2.The Management of the Tamil Nadu State Transport Corporation (Madurai) Ltd., Rep. by its The Managing Director, Bye Pass Road, Madurai - 10.

3.The General Manager, Tamil Nadu State Transport Corporation (Madurai) Ltd., Madurai Region, Madurai.

+ 1 cc to Mr.A.Rahul, Advocate in SR No.52591 rj2 anr/km/21.10.2016/3p/5c Writ Petition (MD) No.17460 of 2016