Kalyanasundaram.S v. Tamilnadu State Transport Corporation Limited
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.08.2022
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.18233 of 2022 S.Kalyanasundaram ... Petitioner /vs./ 1.Tamil Nadu State Transport Corporation Ltd., Rep., by its Managing Director, Coimbatore Division, No.37, Mettupalayam Road, Coimbatore 641 043.
2.The General Manager, Tamil Nadu State Transport Corporation Ltd., Erode Region, Chennimalai Road, Erode 638 011.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondents to pay the service surrender leave salary amount of Rs.32,798/- payable to the petitioner for the period from 2008 to 2011, together with 6% interest from the date of his retirement i.e. 31.05.2018 to till the date of payment and all other attendant benefits to him within the time stipulated by this Court. 1/4
For Petitioner : Mr.A.K.Thangavelu For Respondents : Mr.S.Sivabalaji Standing Counsel
ORDER
By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.
2.Aggrieved against the non-settlement of the surrender leave salary to the petitioner, he has claimed settlement of surrender leave salary together with interest in this Writ Petition.
3.In an identical circumstance, when a similarly placed employee had sought for payment of his surrender leave salary together with interest, this Court, in the case of N.R.Suresh Babu vs. The Principal Secretary to Government and another passed in WP(MD)No.3757 of 2021 dated 26.02.2021, had directed the transport Corporation to settle the surrender leave salary together with interest at the rate of 6% per annum from the date of his retirement till the date of actual disbursement, in six equal monthly installments. The relevant portion of the order reads as follows:
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"9.Accordingly, there shall be a direction to the second respondent herein to settle the surrender leave salary for 105 days, in respect of the years 2009-2016, together with interest at the rate of 6% per annum from the date of retirement till the date of actual disbursement. The second respondent shall be entitled to disburse the surrender leave salary in six Equal Monthly Installments and the 1st Installment shall commence from 1st of March 2021."
The aforesaid order came to be confirmed by the Hon'ble Division Bench of this Court in a Judgment passed in WA(MD)Nos.1883 to 1892 of 2021, dated 04.10.2021.
4.In view of the earlier orders passed by this Court, the petitioner herein would be entitled for claim of surrender leave salary for the eligible amount in respect of the years 2008-2011, together with interest at the rate of 6% per annum payable from the date of his retirement till the date of actual disbursement. 5.Accordingly, the respondents herein are directed to disburse the surrender leave salary as ordered above, in six equal monthly installments, whereby the first 3/4
M.S.RAMESH, J.
Rmk installment shall commence from 1st of September 2022. This Writ Petition stands allowed. There shall be no order as to costs. 12.08.2022 Index : Yes / No Internet : Yes / No Rmk TO:
1.The Managing Director, Tamil Nadu State Transport Corporation Ltd., Coimbatore Division, No.37, Mettupalayam Road, Coimbatore 641 043.
2.The General Manager, Tamil Nadu State Transport Corporation Ltd., Erode Region, Chennimalai Road, Erode 638 011.
Order made in W.P.(MD)No.18233 of 2022 4/4