Disposed¶31

N. Velusamy, v. the Management of

Madras HC9 Jun 2025WP/19224/2025

Case brief

AI extract

What is this about?

Earned leave encashment; 45 days earned leave surrendered before retirement; difference in earned leave salary; Tamilnadu State Transport Corporation (Kovai) Ltd, Erode Region; conductor; Special Grade Conductor; superannuation retirement 30.09.2019; RTI reply dated 17.03.2025; Rs.23,071/-; representation 20.03.2025 unpaid; mandamus under Article 226; interest 6% p.a.; six weeks for compliance; writ petition disposed of, no costs; Madras High Court; WP No. 19224 of 2025; C. Kumarappan J.; 09-06-2025.

What did the court decide?

Writ petition disposed of with a direction to the respondent to settle the difference in earned leave salary with interest at 6% p.a. within six weeks; no costs. ¶31

N. Velusamy, Vs the Management of — Writ and Judicial Review | Madras HC (2025)

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WP No. 19224 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. 19224 of 2025

N. Velusamy,

Petitioner(s)

The Management Of

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Tamilnadu State Transport Corporation (kovai) Ltd, Erode Region,

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Rep. By Its Managing Director, Erode

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Respondent(s)

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PRAYER

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This writ petition has been filed under article 226 of the Constitution of India to issue a mandamus directing the respondent to pay the petitioner the amount payable towards the encashment of 45 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 percent interest p.a from the respective due dates or based on the monthly wages payable on the month of his retirement, together with 18 percent interest from the date of his retirement, within a time frame as may be fixed by this Honble Court

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

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WP No. 19224 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 to direct the respondent to pay the encashment of 45 days of earned leave surrendered by the petitioner before his retirement.

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The case of the petitioner is that the petitioner was working as conductor in the respondent corporation from 19.02.1992 and retired from service on 30.09.2019 on attaining the superannuation in the cadre of Special Grade Conductor. Despite his repeated requests over several years, the payment towards encashment of 45 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 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.23,071/- towards the difference in earned leave salary. Claiming the said amount, the petitioner had given a representation on 20.03.2025. However, the respondent had not settled the above amount.

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At this juncture, the learned counsel for the respondent, though is not in a position to confirm the response of the respondent through the RTI query,

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

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WP No. 19224 of 2025

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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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