Balajothi. B v. The Assistant Manager (Personnel And Administration)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.10.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.18292 of 2022 B.Balajothi ... Petitioner Vs The Assistant Manager (Personnel and Administration), Tamil Nadu State Transport Corporation (Kumbakonam) Ltd, Kumbakonam.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned transfer order of the respondent dated 08.05.2019 passed in TNSTC/KUMBA/NIR4/501/2019, quash the same and consequently direct the respondent to pay the petitioner the amount payable as encashment of 14 days of earned leaves surrendered by him in the years 2014 and 2015 before his retirement based on the monthly wages payable to him on the month of his retirement, together with 18 percent interest per annum, with a time frame as may be fixed by this Court.

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For Petitioner : Mr.S.Arunachalam For Respondent : Mr.K.Jagadees Balan Standing Counsel

ORDER

Heard the learned counsel on either side.

2. The petitioner retired from service on 31.12.2017. His grievance was that he was permitted encashment of only 248 days of earned leave and for remaining 14 days which remained to his credit he was not permitted encashment. The Management has taken the stand that the earned leave must have been surrendered every year and that therefore, he cannot be permitted to make the claim for excess leave.

3. As rightly pointed out by the learned counsel appearing for the writ petitioner, right from the year 2011 onwards, the employees of the respondent corporation were not allowed to surrender the earned leave. The Management cannot be permitted to take advantage of their own wrong. The petitioner was ready to surrender the leave during the relevant period but he was not allowed to do so. In that view of the matter, the order impugned in the writ petition is quashed. The respondent is directed to pay the amount equivalent to 14 days of earned leave. The petitioner will be paid based on the salary drawn by him in the year 2014. This amount will carry interest at the rate of 6% per annum 2/4

from the date of petitioner's retirement till date of payment. This writ petition is allowed accordingly. Consequently, connected miscellaneous petition is closed. No costs.

20.10.2022 Index : Yes / No Internet : Yes/ No mga To The Assistant Manager (Personnel and Administration), Tamil Nadu State Transport Corporation (Kumbakonam) Ltd, Kumbakonam.

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G.R.SWAMINATHAN, J.

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