Retired Selection Grade Senior Assistant approached High Court seeking writ for unpaid leave salary and benefits. Court disposed of petition directing respondents to consider petitioner's representations and pass orders in accordance with law.
Directions to respondents to consider representations and pass appropriate orders in accordance with law.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:16.11.2018
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
W.P.(MD) No.22936 of 2018
M.Raman,
Staff No.83AD3036/10162 Selection Grade Senior Assistant (Retd) ... Petitioner
vs.
The Tamil Nadu State Transport Corporation,
(Kumbakonam) Ltd., Karaikudi Region, Karaikudi.
The Tamil Nadu State Transport Pension Fund Trust, Thiruvalluvar House, Pallavan Salai. Chennai-600 002.
... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of Mandamus, directing the respondents to settle the petitioner's Leave Salary and other benefits with interest at the rate of not less than 10% from the date when the same became due I.e., from 30.06.2013 till the date of actual payment to him within the time that may be stipulated by this Court.
For Petitioner : Mr.B.Santhanam Rajeshkumar For Respondents : Mr.D.Sivaraman, Standing Counsel
O R D E R
Heard the learned counsel appearing for the petitioner and the learned Standing counsel appearing for the respondents.
2.The case of the writ petitioner herein is that he had served as Selection Grade Senior Assistant in the first respondent Tamil
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Nadu State Transport Corporation and retired on 30.06.2013. The grievance of the petitioner herein is that while settling his retirement benefits, 18 days leave salary has not been paid to him. Therefore, he has given a representation to the second respondent on 03.05.2018 and reminder on 09.10.2018.
3.On perusing the typed set of papers, this Court finds no proof for his representations dated 03.05.2018 and 09.10.2018. The postal acknowledgment card is enclosed. Hardly one month has lapsed from the date of representation.
4.The learned counsel appearing for the respondents, who has taken notice, would submit that if any representation seeking leave salary is received by the respondents, it will be considered in accordance with law and based on the available records suitable orders will be passed.
5.Recording his submission, this Writ Petition is disposed of, directing the respondents herein to consider the representations and pass appropriate orders in accordance with law. No costs.
Sd/Assistant Registrar (RTI)
/True Copy/
Sub Assistant Registrar (CS-IV)
To
CP TE/SV/SAR-4 : 19/12/2018 : 2P/6C
W.P.(MD) No.22936 of 2018 16.11.2018
1 issue framed by the court
Whether a retired employee who claims non-payment of leave salary can be directed to consider his representations and pass appropriate orders.
M. Raman
The Tamil Nadu State Transport Corporation, (Kumbakonam) Ltd.
The General Manager, The Tamil Nadu State Transport Corporation, (Kumbakonam) Ltd., Karaikudi Region
The Administration, The Tamil Nadu State Transport Pension Fund Trust
G. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
