9911796707
TMI Blog2021 (4) TMI 321X X X X Extracts X X X X X X X X Extracts X X X X ..... SPORT CORPORATION (KUMBAKONAM LTD. [ 2019 (12) TMI 1471 - MADRAS HIGH COURT] wherein an issue was dealt in the case of THE TAMIL NADU STATE TRANSPORT CORPORATION (KUMBAKONAM) LIMITED, KUMBAKONAM, THE GENERAL MANAGER, THE TAMIL NADU STATE TRANSPORT CORPORATION (KUMBAKONAM) LIMITED, PUDUKKOTTAI. VERSUS D. SOUNDARARAJAN [ 2019 (9) TMI 1512 - MADRAS HIGH COURT] where it was held that The learned Single Judge took into consideration the facts placed before him and also noted the circular dated 09.01.2017 and taking note of the fact that there is record to show that the appellants transport corporation pleaded financial crises for non-settling the surrender leave salary, allowed the writ petition. - In view of the decision being in favour of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Mandamus, directing the respondents to settle the petitioner's surrender leave salary for 64 days in respect of the years 2011-2012, 2012-2013, 2013-2014, 2014-2015, 2015-2016, 2016-2017, 2017-2018 and 2018-2019 together with interest at the rate of 18% per annum payable from the date of retirement to till the date of actual payment. 2.Heard Mr.K.Gokul, learned counsel appearing for the petitioner and Mr.P.Balasubramanian, learned Standing Counsel appearing for the respondents. 3.By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself. 4.The grievance of the petitioner is that after his retirement, the respondents have not settled the surrender leave salary and therefore, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntitled for surrendering and encashing 15 days in one year or 30 days in two years, the same has not been done by the writ petitioner during his service during 2011-2014 and after superannuation only in the year 2016, he has made a claim of surrender of earn leave, based on the circular issued by the appellant Corporation, dated 09.01.2017. Further, it is submitted that the circular is not meant for enabling the retired employees to renew their claim of surrendering their earned leave of 15 days in a year during the service i.e., between 2011-2014 and it is applicable only for existing employees. Therefore, it is submitted that the respondent/writ petitioner cannot lay his claim based upon the circular, dated 09.01.2017. 3.The learned co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere with the order passed by the learned Single Judge.' 5. In the light of the above, this Court is of the view that the petitioner would be entitled to claim salary for the surrendered leave. 6.In view of the aforesaid decision being in favour of the petitioner, this Court is also of the view that the petitioner herein is entitled to succeed in the present writ petition. 7.At this juncture, Mr.P.Balasubramanian, learned Standing Counsel appearing for the respondent Corporation submitted that the Division Bench of this Court as well as the learned Single Judges of this Court in many cases have ordered for payment of earned leave salary, but have not granted interest and therefore, he submitted that the interest need not be pai ..... X X X X Extracts X X X X X X X X Extracts X X X X
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