Balendran.A v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.10.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.17747 of 2022 1.A.Balendran 2.R.Krishnamoorthy 3.N.V.Thamilarasan 4.P.Srinivasan ... Petitioners Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam, Thanjavur District.

2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Trichy Region, Periyamilaguparai, Trichirappalli District.

3.The Chief Financial Advisor & Chief Audit Officer, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam, Thanjavur District.

... Respondents 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to settle the petitioner's benefit of encashment of Earned Leave surrendered by petitioner's before the respondents from the year 2010 to till the date of retirement of the petitioner with interest at 18% as per 1998 Wage Settlement Effect under Section 12(3) of ID Act, 1947.

For Petitioners : Mr.N.Sudhagar Nagaraj For Respondents : Mr.K.Jagadees Balan

ORDER

Heard the learned counsel on either side.

2. The writ petitioners are the retired employees of the respondent Corporation. Their grievance is non-settlement of the surrender leave salary to them.

3. The issue raised in the writ petition is no longer res integra. It is squarely covered by the order dated 04.10.2021 passed by the Hon'ble Division Bench in W.A.(MD)Nos.1883 to 1892 of 2021.

4. Respectfully following the same, the respondents are directed to disburse the surrender leave salary to the petitioners herein in six monthly installments with 6% interest. The first installment shall commence from 01.12.2022.

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5. The writ petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

14.10.2022 Index : Yes / No Internet : Yes/ No rmi 3/4

G.R.SWAMINATHAN, J.

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