Madras High CourtWA(MD)/599/2018allowed

R.Manoharan, v. The Managing Director,

2021-02-05Honourable Mr Justice M.M.Sundresh,Honourable Mrs Justice S.Ananthi (Retd.)2 pages

W.A.(MD)No.599 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS. JUSTICE S.ANANTHI W.A.(MD)No.599 of 2018 R.Manoharan :

Appellant/Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation Kumbakonam (Ltd) New Railway Station Road, Kumbakonam. 612001 2.The General Manager Tamil Nadu State Transport Corporation Kumbakonam (Ltd) Tiruchirappalli Region, Periya Milaguparai Tiruchirappalli 620001 : Respondents PRAYER: Appeal filed under Clause 15 of the Letters Patent against the order of this Court in W.P.(MD) No.19958/2014 dated 09.12.2014. Prayer in WP(MD). 19958/ 2014 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the Respondents to pay Rs.67,003/- towards the petitioner s Earned Leave Salary balance as claimed in the representation dated 03.11.2014.

For Appellant : Ms.Sudha Rani for Mr.G.S.Ashok Adhithya For Respondent : Mr.D.Sivaraman

JUDGMENT

(Judgment of the Court was delivered by M.M.SUNDRESH, J.) The appeal lies in a very narrow compass. The appellant sought for earned leave salary after retirement. The writ petition was dismissed on the ground of delay and laches.

2. The question of delay and laches is one of practice and prudence and not of law. The entitlement of encashment of earned leave accrues an employee after retirement as a measure of right subject to the Rules governing. No third party interest has been created by the delay. In such view of the matter, we are inclined https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.A.(MD)No.599 of 2018 to interfere with the order of the learned single Judge. Accordingly, the order of the learned Judge stands set aside. Consequently the respondents are directed to consider the case of the appellant and pay the differential amount, if any, within eight weeks from the date of receipt of a copy of this order. We make it clear as the appellant was responsible for the delay, there is no question of payment of interest that arise.

3. The writ appeal stands allowed accordingly. No costs. Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) RR 1.The Managing Director, Tamil Nadu State Transport Corporation Kumbakonam (Ltd) New Railway Station Road, Kumbakonam.

2.The General Manager Tamil Nadu State Transport Corporation Kumbakonam (Ltd) Tiruchirappalli Region, Periya Milaguparai Tiruchirappalli +1 CC to M/s.G.S.ASOK ADHITHYAN, Advocate ( SR-3947[F] dated 09/02/2021 ) +1 CC to M/s.D.SIVARAMAN, Advocate ( SR-3683[F] dated 08/02/2021 ) W.A.(MD)No.599 of 2018 05.02.2021 SMV(CO) KB(24.02.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2