Madras High Court
Tamil Nadu State Transport Corporation ... vs N.R.Suresh Babu ... 1St on 4 October, 2021
Author: M.Duraiswamy
Bench: M.Duraiswamy
W.A(MD)Nos.1883 to 1892 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.DURAISWAMY
AND
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
W.A(MD)Nos.1883 to 1892 of 2021
and
C.M.P(MD)Nos.8320, 8322, 8324, 8326, 8327, 8328, 8329,
8330, 8332 & 8333 of 2021
W.P(MD)No.1883 of 2021:-
Tamil Nadu State Transport Corporation Limited,
Rep. by its Managing Director,
Madurai Division,
Bye Pass Road,
Madurai – 625 010. ... Appellant/2nd Respondent
Vs.
1.N.R.Suresh Babu ... 1st Respondent/Petitioner
2.The Principal Secretary to Government,
Transport Department and Chairman of
State Transport Undertakings,
Secretariat, Fort St. George,
Chennai – 09. ... 2nd Respondent/1st Respondent
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent
against the order, dated 26.02.2021 made in W.P(MD)No.3757 of
2021 on the file of this Court.
For Appellant : Mr.J.Senthil Kumaraiah
For R – 2 : Mr.P.Thilak Kumar
Government Pleader
https://www.mhc.tn.gov.in/judis/
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W.A(MD)Nos.1883 to 1892 of 2021
COMMON JUDGMENT
(Judgment of the Court was delivered by M.DURAISWAMY,J.) Challenging the orders passed in W.P(MD)Nos.3757, 3762, 3768, 3770, 3774, 3779, 3783, 5956, 7345 and 7346 of 2021, the second respondent in the Writ Petitions has filed the above Writ Appeals.
2.The first respondent/writ petitioners filed the Writ Petitions to issue Writs of Mandamus, directing the appellant and the second respondent to pay their surrender leave salary together with interest at the rate of 18% per annum from the date of retirement till the date of disbursement within a time frame.
3.The learned Single Judge, taking into consideration the case of both sides, allowed the Writ Petitions and directed the appellant/second respondent to settle the surrender leave salary in respect of the first respondent-employees together with interest at the rate of 6% per annum from the date of retirement till the date of actual disbursement. Further, the learned Single Judge directed https://www.mhc.tn.gov.in/judis/ 2/6 W.A(MD)Nos.1883 to 1892 of 2021 the appellant/second respondent to disburse the surrender leave salary in six equal monthly installments.
4.It cannot be disputed that the first respondent-employees are entitled to get the leave salary to the credit of their accounts. On attaining the superannuation, the first respondent-employees are entitled to get the surrender leave salary for the available number of days. Though the first respondent-employees have retired long back, the appellant/second respondent failed to settle the surrender leave salary standing to their credit till today.
5.When the first respondent-employees are entitled to get surrender leave salary on attaining the superannuation, the appellant should have paid the amounts immediately. Since the payments were not made immediately, the learned Single Judge while allowing the Writ Petitions directed the appellant/second respondent to pay the amounts to them together with interest at the rate of 6% per annum from the date of retirement till the date of actual disbursement.
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6.Mr.Rajasekar, learned counsel appearing for the appellant submitted that the appellant/Tamil Nadu State Transport Corporation is aggrieved over the award of interest by the learned Single Judge and submitted that the appellant is liable to pay the surrender leave salary to their employees, who are the first respondent herein.
7.When the appellant agreed that the first respondent/writ petitioners are entitled to get the surrender leave salary on attaining the superannuation, the non-payment of the surrender leave salary had prejudiced the first respondent/writ petitioners to a greater extent. They are put to monetary loss by the non-payment of the surrender leave salary.
8.When the appellant is liable to pay the surrender leave salary on the retirement of their employees, the delay in making payment of the leave salary is solely because of the appellants' inaction. The first respondent/writ petitioners cannot be penalized for the wrong done by the appellant. Hence, the award of 6% interest on the surrender leave salary by the learned Single Judge is perfectly correct. We do not find any ground to interfere with the orders passed by the learned Single Judge. The Writ Appeals are https://www.mhc.tn.gov.in/judis/ 4/6 W.A(MD)Nos.1883 to 1892 of 2021 devoid of merits and the same are dismissed. However, we make it clear that the reliefs granted by the learned Single Judge in the Writ Petitions are confined only to the first respondent/writ petitioners, who have filed the Writ Petitions. No costs. Consequently, connected Miscellaneous Petitions are closed.
[M.D.,J] [K.M.S.,J.] 04.10.2021 Index :Yes/No Internet :Yes/No ps/indu Note :
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
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and K.MURALI SHANKAR,J.
ps/indu To
1.The Managing Director, Tamil Nadu State Transport Corporation Limited, Madurai Division, Bye Pass Road, Madurai – 625 010.
2.The Principal Secretary to Government, Transport Department and Chairman of State Transport Undertakings, Secretariat, Fort St. George, Chennai – 09.
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