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B.Bhagavathiappan v. the Management of

Mandamus – Earned leave encashment

Madras HC9 Jun 2025WP/18692/2025

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What is this about?

Madras High Court; WP No. 18692 of 2025; C.Kumarappan J.; decided 09-06-2025; earned leave encashment; 60 days earned leave surrendered before retirement; Tamil Nadu State Transport Corporation (Kovai) Ltd., Erode Region; retired conductor; superannuation on 31.07.2018; RTI reply dated 17.03.2025 admitting Rs.29,510/-; representation dated 24.03.2025; mandamus under Article 226; interest reduced from claimed 18% p.a. to 6% p.a.; settlement within six weeks; disposed with directions; no costs; no precedents cited.

What did the court decide?

Direction to the respondent to settle the difference in earned leave salary of the petitioner with interest at 6% p.a. within six weeks from receipt of a copy of the order; no costs. ¶31

B.Bhagavathiappan Vs the Management of — Writ and Judicial Review | Madras HC (2025)

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WP No. 18692 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 09-06-2025

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CORAM

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THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

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WP No. 18692 of 2025

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B.Bhagavathiappan S/o.Balasubramaniyam Pillai,18/1,Kiramadai 1st Street,Soorampatti Post,Erode District.

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Petitioner(s)

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The Management Of Tamilnadu State Transport Corporation(kovai) Ltd,Erode Region,Rep.By Its Managing Director,Erode.

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Respondent(s)

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PRAYER: The writ petition has been filed under Article 226 of the Constitution of India for issuing a writ of Mandamus directing the respondent to pay the petitioner the amount payable towards the encashment of 60 days of earned leaves surrendered by him in the years before his retirement,as admitted by the respondent in the RTI information dated 17.03.2025,either based on his monthly wages of the respective months of surrender of those earned leaves,together with 18 percentage interest p.a.from the respective due dates or based on the

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https://www.mhc.tn.gov.in/judis

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WP No. 18692 of 2025

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monthly wages payable on the month of his retirement, together with 18 percentage interest from the date of his retirement,within a time frame as may be fixed by this honble court and thus render justice.

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For Petitioner(s): M/S. V.AJOY KHOSE

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For Respondent(s): MR.M.MURALI VINODH, SC.,

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ORDER

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The instant writ petition has been filed with a prayer for issuing a writ of mandamus directing the respondent to pay the petitioner the amount payable towards the encashment of 60 days of earned leaves surrendered by him in the years before his retirement,as admitted by the respondent in the RTI information dated 17.03.2025,either based on his monthly wages of the respective months of surrender of those earned leaves,together with 18 percentage interest p.a.from the respective due dates or based on the monthly wages payable on the month of his retirement, together with 18 percentage interest from the date of his retirement.

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The case of the petitioner is that the petitioner was working as conductor in the respondent corporation from 03.09.95 and retired from service on 31.07.2018 on attaining the superannuation in the cadre of Senior Conductor. Despite his repeated requests over several years, the payment towards encashment of 60 days of earned leave surrendered has not been made by the respondent. Hence, the present writ petition has been filed.

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https://www.mhc.tn.gov.in/judis

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WP No. 18692 of 2025

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The learned counsel for the petitioner would submit that they are entitled for the difference in earned leave salary. In this connection, when they have sent RTI query, the respondent had replied vide their letter dated 17.03.2025 that the petitioner is entitled for a sum of Rs.29,510/- towards the difference in earned leave salary. Claiming the said amount, the petitioner had given a representation on 24.03.2025. However, the respondent had not settled the above amount.

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At this juncture, the learned counsel for the respondent, though not in a position to confirm the response of the respondent through the RTI query, would fairly submit that they would settle the difference in earned leave salary within a reasonable time according to their records.

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In view of the above submission and also upon the reply given by the respondent dated 17.03.2025, this Court deems it appropriate to direct the respondent to settle the difference in earned leave salary of the petitioner with interest at the rate of 6% p.a. within a period of six weeks from the date of receipt of a copy of this order.

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https://www.mhc.tn.gov.in/judis

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WP No. 18692 of 2025

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