Two retired employees of Tamil Nadu State Transport Corporation sought a writ for payment of unearned leave, gratuity, and arrears. The Court dismissed the petitions, holding that the long delay of six to seven years post-retirement made it inappropriate to entertain the matter.
No relief granted; petitions dismissed on grounds of delay.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.03.2018
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
W.P.Nos.5638 & 5639 of 2018
S.Mani .. Petitioner in W.P.No.5638 of 2018 J.Balakumar .. Petitioner in W.P.No.5639 of 2018
-vs-
Petitions under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to pay the payment of unearned leave on private affairs amount and difference amount of encashment of earned leave, arrears in gratuity with interest at 24% p.a., to the petitioners within a fixed time frame.
For Petitioners :: Mr.M.Selvam
For Respondents :: Mr.N.Sakthivel
Additional Government Pleader for R1 Mr.R.K.Gandhi
Standing Counsel for R2
ORDER
The petitioners are the retired employees of the Tamil Nadu State Transport Corporation (Salem) Limited, Salem from the post of Superintendent on 29.2.2012 & 31.1.2011 respectively. Since the petitioners were not paid with the benefit equivalent to the unearned leave on private affairs amount, etc., they have given representations only on 1.2.2018 & 31.1.2018 respectively after a period of six/seven long years from the date of
retirement. Therefore, this Court is not inclined to entertain the writ petitions in view of the long delay. Accordingly, the writ petitions are dismissed. Consequently, W.M.P.Nos.6969 & 6970 of 2018 are also dismissed. No costs.
Sd/-
Assistant Registrar(CS-VII)
//True Copy//
Sub Assistant Registrar
ss
To
1. The Chairman and Secretary to Government
Transport Department
Fort St.George
Chennai 600 009
+1 CC TO MR.M.Selvam, Advocate SR. No.19137
+1 CC TO MR.M.Selvam, Advocate SR. No.19138
+1 CC TO The government Pleader SR.NO.20115
W.P.Nos.5638 & 5639 of 2018
RR(CO)
RMP(02/04/2018)
2 issues framed by the court
Whether the High Court can entertain a writ petition for payment of earned leave and gratuity when filed six to seven years after retirement due to delay.
Whether the long delay in filing the petition bars the Court from exercising its writ jurisdiction under Article 226.
2 provisions across 1 enactments
S.Mani
J.Balakumar
The Chairman and Secretary to Government Transport Department Fort St.George Chennai
The Managing Director Tamil Nadu State Transport Corporation (Salem) Limited
T.Raja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
