P.Ganesan, (Staff No.12111) v. Tamil Nadu State Transport

O R D E R This Writ Petition has been filed in the nature of a Mandamus, seeking a direction against the respondent to pay the amount towards encashment of earned leave surrendered by the petitioner during his service together with interest at 18% per annum and to pay him a sum of Rs.18,500/- towards the STERBS (State Transport Employees Retirement Benefit Scheme) which was deducted from his salary for every month, while he was in service, together with interest at the rate of 12% per annum.

2.In the affidavit filed in support of the writ petition, it had been stated that the petitioner had joined the respondent Transport Corporation on 15.10.1986 as Conductor and retired from service upon attaining the age of superannuation on 31.03.2018. The petitioner was serving as Special Grade Conductor. It had been stated that there has been a delay in payment of earned leave surrender amount. In this connection, the petitioner had given a representation dated 31.01.2025.

3.Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondent.

4.A direction is given to the respondent to examine the petitioner's Service Register and determine whether the encashment of the earned leave surrendered had been paid to the petitioner and if not paid, pay the same along with the eligible benefits payable to the petitioner, with interest at 6% per annum from the date of retirement till date of actual disbursement. The entire exercise shall be completed within a period of three months from the date of receipt of a copy of this order. If there is a delay beyond three months, then the rate of interest would be 12% per annum from the date of retirement till date of actual disbursement.

5.With the above observations, this Writ Petition stands disposed of. No costs.

02.04.2025 Index : Yes / No : Yes / No Speaking Order : Yes / No TK

C.V.KARTHIKEYAN, J. TK To The Managing Director Tamil Nadu State Transport Corporation (Coimbatore) ltd., 37, Mettupalayam Road, Coimbatore – 641 043.

02.04.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 02.04.2025 CORAM THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN P.Ganesan ... Petitioner VS. Tamil Nadu State Transport Corporation (Coimbatore) ltd., Rep. By its Managing Director 37, Mettupalayam Road, Coimbatore – 641 043. ... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, directing the respondent to pay the petitioner the amount payable towards the encashment of 60 days of earned leave, surrendered by him in the years before his retirement, either based on his monthly wages of the respective months of surrender of those earned leaves, together with 12% interest per annum from the respective due dates or based on the monthly wages payable on the month of his retirement, together with 18% interest from the date of his retirement and to pay him a sum of Rs.18,500/- towards the STERBS (State Transport Employees Retirement Benefit Scheme) which was deducted from his salary for every month, while he was in service, together with interest at the rate of 12% per annum. For Petitioner : Mr.R.Krishnaswamy For Respondent : Mr.C.Gouthamaraj Standing Counsel