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M.Thangaraju v. the Management of

Madras HC9 Jun 2025WP/18693/2025

Case brief

AI extract

What is this about?

WP No. 18693 of 2025; Madras High Court; C.Kumarappan J.; 09-06-2025; earned leave encashment; 30 days earned leave surrender; VRS retirement 31.07.22; Special Grade Conductor; Tamilnadu State Transport Corporation (Kovai) Ltd Erode Region; RTI reply 07.02.25 and 11.02.25; Rs.16,400/-; Rs.14,250/-; difference in earned leave salary; representation 13.03.2025; writ of mandamus; Article 226; interest 6% p.a. versus 18% prayed; six-week deadline; disposed, no costs.

What did the court decide?

Respondent directed to settle the petitioner's difference in earned leave salary (admitted as Rs.16,400/- and Rs.14,250/- in its RTI replies dated 07.02.25 and 11.02.25) with interest at 6% p.a. within six weeks from receipt of a copy of the order; writ petition disposed of with no costs (petitioner had prayed for 18% interest). ¶26

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondent (Tamilnadu State Transport Corporation (Kovai) Ltd, Erode Region) should be directed, by way of a writ of mandamus under Article 226 of the Constitution of India, to pay the petitioner the amounts payable towards encashment of 30 days of earned leaves surrendered before his retirement and under the Employees Retirement Benefit Scheme, as admitted in its RTI information dated 07.02.25 and 11.02.25, together with interest.

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Court's answer

In view of the respondent's undertaking through its counsel and its replies dated 07.02.25 and 11.02.25, this Court directed 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 the order.

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Ratio / Principle

With the above directions, the writ petition is disposed of, with no costs.

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Detailed headnote1 paragraphs

Madras High Court (C.Kumarappan J.), WP No. 18693 of 2025, decided 09-06-2025: A former Special Grade Conductor of Tamilnadu State Transport Corporation (Kovai) Ltd, Erode Region, who served from 22.06.95 and retired under VRS on 31.07.22, sought mandamus under Article 226 for encashment of 30 days of earned leave surrendered before retirement and Employees Retirement Benefit Scheme dues, with 18% interest. The respondent's own RTI replies dated 07.02.25 and 11.02.25 admitted entitlement to Rs.16,400/- and Rs.14,250/- respectively as the difference in earned leave salary, yet the amounts remained unpaid despite the petitioner's representation dated 13.03.2025. The respondent's counsel, while unable to confirm the RTI response, undertook to settle according to its records. Relying on that undertaking and the replies, the Court directed settlement of the difference in earned leave salary with interest at 6% p.a. within six weeks, and disposed of the petition with no costs.

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WP No. 18693 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. 18693 of 2025

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M.Thangaraju

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S/o.Muthusamy,135/12,Arasangadu,Ka anjikovil Post,Perundhurai Taluk,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 issuance of a Writ of Mandamus directing the respondent to pay the petitioner the amounts, payable towards the encashment of 30 days of earned leaves surrendered by him in the years before his retirement and Employees retirement Benefit Scheme, as admitted by the respondent in the RTI information dated 07.02.25 and 11.02.25 together with 18% interest from the respective due dates, within a time frame as may be fixed by this Hon'ble Court.

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For Petitioner(s): V.Ajoy Khose S. Arunachalam

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For Respondent: Mr.M.Murali Vinodh, SC.,

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

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WP No. 18693 of 2025

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ORDER

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The instant writ petition has been filed with a prayer for issuing a mandamus directing the respondent to pay the petitioner the amounts, payable towards the encashment of 30 days of earned leaves surrendered by him in the years before his retirement and Employees retirement Benefit Scheme, as admitted by the respondent in the RTI information dated 07.02.25 and 11.02.25 together with 18% interest.

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The case of the petitioner is that the petitioner was working as conductor in the respondent corporation from 22.06.95 and retired from service on 31.07.22 under VRS in the cadre of Special Grade Conductor. Despite his repeated requests over several years, the payment towards encashment of 30 days of earned leave surrendered has not been made by the respondent. Hence, the present writ petition has been filed.

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The learned counsel for the petitioner would submit that the petitioner is entitled for the difference in earned leave salary. In this connection, when he has sent RTI query, the respondent had replied vide their letter dated 07.02.25 and 11.02.25 that the petitioner is entitled for a sum of Rs.16,400/- and Rs.14,250/-respectively towards the difference in earned leave salary. Claiming the said amount, the petitioner had given a representation on 13.03.2025. However, the respondent had not settled the above amount.

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

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WP No. 18693 of 2025

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At this juncture, the learned counsel for the respondent, though is 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 07.02.25 and 11.02.25, 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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