S.Kanakarethinam v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.06.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY S.Kanakarethinam ... Petitioner Vs.

1.The Managing Director, Tamil Nadu Civil Supplies Corporation, 12, Thembusamy Road, Kilpauk, Chennai - 600 010.

2.The Regional Manager, Tamil Nadu Civil Supplies Corporation, Kuruvikaran Salai, Madurai - 625 020.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent herein to settle the petitioner's service benefits namely encashment on surrender of his Earned Leave and Unearned Leave with 18% interest based on his representation dated 29.10.2015.

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For Petitioner : Mr.D.Srinivasaragavan For Respondents : Mr.H.Arumugam

ORDER

This Writ Petition is filed for Mandamus directing the second respondent to settle the petitioner's service benefits namely encashment of surrender Earned Leave and Unearned Leave with 18% interest based on his representation dated 29.10.2015.

2. The petitioner joined the respondent Corporation as Technical Assistant on 01.02.1975 and retired on reaching the age of superannuation on 28.02.2014 as Executive Engineer. The first respondent vide proceedings dated 28.02.2014, has permitted the petitioner to retire from service without any condition. The contention of the petitioner is that the respondents have settled the gratuity provident fund and special provident fund amount only. But the respondents have not settled the earned leave and unearned leave to the credit of the petitioner. Since the petitioner was transferred to various posts, the respondents did not calculate the same and settle the amount. 2/4

3. The petitioner is entitled to the above said monetary benefits and the same shall be paid. Therefore, this Court is directing the respondents to consider and disburse the same. The said exercise shall be completed within a period of eight (8) weeks from the date of receipt of a copy of this order.

4. With the above direction, this Writ Petition is allowed. There shall be no order as to costs.

05.06.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No Nsr To 1.The Managing Director, Tamil Nadu Civil Supplies Corporation, 12, Thembusamy Road, Kilpauk, Chennai - 600 010.

2.The Regional Manager, Tamil Nadu Civil Supplies Corporation, Kuruvikaran Salai, Madurai - 625 020.

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S.SRIMATHY, J.

Nsr 05.06.2023 4/4