Madras High CourtWP(MD)/18677/2020disposed of

M. Rajarethinam v. The Tamil Nadu State Transport

2020-12-17Honourable Mr Justice Krishnan Ramasamy2 pages

W.P.(MD)No.18677 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.18677 of 2020 M.Rajarethinam ... Petitioner Vs.

1. 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., Nagapattinam Region, Nagapattinam.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to pay the petitioner the surrender leave salary for 90 days of Rs.1,25,194/- for the years 2010-2016 together with interest at the rate of 18% per annum from the date of retirement to till the date of disbursement within the time that may be stipulated by this Court.

For Petitioner : Mr.A.Rahul For Respondents : Mr.D.Sivaraman

ORDER

This writ petition has been filed to direct the respondents to pay the petitioner the surrender leave salary for 90 days of Rs.1,25,194/- for the years 2010-2016 together with interest at the rate of 18% per annum from the date of retirement to till the date of disbursement within the time that may be stipulated by this Court.

2.The learned counsel for the petitioner submitted that the petitioner only seeks payment of his surrender leave salary. 3.The learned standing counsel appearing for the respondents submitted that the representation of the petitioner will be considered and disposed of within a period of eight weeks from the date of receipt of a copy of this order, if the petitioner is eligible.

4.The respondents are directed to not to provide any reason for non-payment of the surrender leave salary due to the financial crisis. If the respondents show any financial crisis, this Court is https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.18677 of 2020 of the opinion that the entire financial affairs of the respondents/Corporation should be investigated and necessary corrective measures should be taken. It is not only the question of shortage of funds but also it is matter of providing funds for nonpriority expenses. In such cases, the matter should be viewed seriously This Court is prima faice of the view that with regard to payment of pension matter, priority should be given as first category.

5.Taking note of all these aspects, the respondents are directed to dispose of the representation of the petitioner within a period of four weeks from the date of receipt of a copy of this order and pay the petitioner's surrender leave salary within a period of four weeks thereafter.

6.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) ias Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned. +1 CC to M/s D.Sivaraman,Advocate,in SR.No.26327. +1 CC to M/s A.Rahul,Advocate,in SR.No.26518. W.P.(MD)No.18677 of 2020 17.12.2020 (MK)CO AP(06/01/2021) 2 P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2