← Library
Madras High CourtWP(MD)/5514/2016disposed of

M.Palanichamy, v. The Managing Director,

2016-03-21Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.03.2016 CORAM :

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD)Nos.5514 and 5515 of 2016 In W.P.(MD) No.5514 of 2016:

M.Palanichamy

...Petitioner

Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Madurai Ltd), Madurai Region, Bypass Road, Madurai, Madurai District.

2.The General Manager, Tamil Nadu State Transport Corporation (Madurai Ltd), Dindigul, Dindigul District.

3.The Branch Manager, Tamil Nadu State Transport Corporation (Madurai Ltd), Palani Branch, Palani, Dindigul District.

...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to disburse the encashed Earn Leave of 230 days amounting to a sum of Rs.1,40,000/- with 12% interest by considering the petitioner's representation dated 03.02.2016 within the period that may be stipulated by this Court.

In W.P.(MD) No.5515 of 2016:

S.Rengasamy ... Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Madurai Ltd), Madurai Region, Bypass Road, Madurai, Madurai District.

2.The General Manager, Tamil Nadu State Transport Corporation (Madurai Ltd), Dindigul, Dindigul District.

3.The Branch Manager, Tamil Nadu State Transport Corporation (Madurai Ltd), Palani Branch, Palani, Dindigul District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to disburse the encashed Earn Leave for a period of 230 days and Medical Leave for a period of 44 1⁄2 days a sum of Rs.2,25,940/- with 12% interest by considering the petitioner's representation dated 03.02.2016 within the period that may be stipulated by this Court. https://hcservices.ecourts.gov.in/hcservices/

In both Writ Petitions:

For Petitioner : Mr.N.Muruga Nehru For Respondents : Mr.A.Jayaram C O M M O N ORDER Mr.A.Jayaram, learned counsel takes notice for the respondents. By consent of the learned counsel appearing on either side, the writ petitions are taken up for final disposal at the stage of admission itself.

2. Heard the learned counsel appearing on either side.

3. The petitioner in W.P.(MD) No.5514 of 2016 was working as Driver at Dindigul District and he retired from service on 31.01.2011. The petitioner in W.P.(MD) No.5515 of 2016 was working as Checking Inspector at Dindigul and he retired from service on 31.05.2012. After retirement, retirement benefits and pension were paid to the petitioners. However, Earned Leave salary for which the petitioners are entitled was not paid to them. It is also admitted that the petitioners are entitled for Earned Leave salary. Hence, the petitioners preferred representations dated 03.02.2016 for encashment of Earned Leave salary. Though the respondents received the representations, there is no response from them. Hence, the writ petitons are filed for a direction.

4. The respondents are directed to disburse the Earned Leave salary of the petitioners with interest at the rate of 12%, if they are entitled for the same, based on the representations made by the petitioners, within a period of six weeks from the date of receipt of copy of this order.

5. With the above direction, the writ petitions are disposed of. No costs.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar(CS) To 1.The Managing Director, Tamil Nadu State Transport Corporation (Madurai Ltd), Madurai Region, Bypass Road, Madurai, Madurai District.

2.The General Manager, Tamil Nadu State Transport Corporation (Madurai Ltd), Dindigul, Dindigul District.

3.The Branch Manager, Tamil Nadu State Transport Corporation (Madurai Ltd), Palani Branch, Palani, Dindigul District.

+1cc to M/s.N.N.Muruga Nehru, Advocate in SR.15700 W.P(MD)Nos.5514 and 5515 of 2016 cm.

21.03.2016 PBK/AN-MP 30/03/2016 ::2P-5C::

https://hcservices.ecourts.gov.in/hcservices/