Madras High CourtWP(MD)/1301/2013disposed of

S.Dhanabalakrishnan, v. The Managing Director,

2018-02-16Honourable Mr Justice S.M. Subramaniam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.02.2018

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P(MD)No.1301 of 2013 S.Dhanabalakrishnan ... Petitioner Vs.

The Managing Director, M/s.Tamil Nadu State Transport Corporation, (Kumbakonam) Ltd, 27, Railway Station New Road, Kumbakonam - 612 001.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the Respondent to pay the encashment of unearned leave on private affairs for a period of 90 days to the petitioner and to pass such other or further orders.

For Petitioner : Mr.A.Balakrishnan For Respondent : M/S.K.Sathiyasingh

ORDER

The grievances of the writ petitioner is that the pay on the encashment of unearned leave for a period of 90 days has not been paid to the writ petitioner in accordance with the Government Orders G.O.Ms.No.488, Finance (Pension) Department, dated 12.08.1996. 2.The learned Counsel appearing on behalf of the writ petitioner states that the Government Order was adopted by the Transport Corporation in respect of the employees working in the Corporation. This being the factum of the case, the learned Counsel states that the benefit of the encashment of unearned leave on private affairs for a period of 90 days ought to have been extended to the writ petitioner. In this regard, the petitioner made representation to the respondents on 10.10.2011 and the same is yet to be considered.

3.Thus, without going into the merits of the matter the respondent is directed to consider the representation submitted by the writ petitioner on 10.10.2011 and pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. The writ petitioner is permitted to submit a copy of the representation and the documents, if any, along with a copy of the orders passed in this writ petition. https://hcservices.ecourts.gov.in/hcservices/

4.Accordingly, the writ petition stands disposed of. However, there shall be no orders as to costs.

Sd/- Assistant Registrar(CS-II) /True copy/ Sub Assistant Registrar To The Managing Director, M/s.Tamil Nadu State Transport Corporation, (Kumbakonam) Ltd, 27, Railway Station New Road, Kumbakonam - 612 001.

+1CC TO M/S.C.THANGAMANI, ADVOCATE, SR NO.49510 W.P(MD)No.1301 of 2013 16.02.2018 dsk MS/KK/SAR-2/22.03.2018/2P.3C https://hcservices.ecourts.gov.in/hcservices/