By the consent of both sides, the writ petition itself is taken for final disposal.
2.The petitioner is a retired Special Grade Sergeant and retired from service with effect from 30.06.2014 from the first respondent Corporation. As the respondents have not settled his terminal benefits immediately on the date of retirement, the petitioner has given a representation to the respondents on 02.01.2017. The learned counsel for the petitioner also placed reliance on the order passed by this Court in W.P.(MD)No.17789 of 2016 dated 06.10.2016 in the case of R.Arumugam Vs. The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., and other, which reads as follows:
?5.The financial crisis cannot be the ground to deprive the benefit of earned leave surrender salary to the petitioner, especially when the claim of earned leave surrender salary for 15 days per year or 30 days once in two years has been admitted in the settlement effected under
Section 12(3) of the Industrial Disputes Act, 1947.
6.Therefore, the respondents are directed to consider the claim of the petitioner for payment of the earned leave surrender salary in respect of the years 2010-2014 and pay the eligible amount to the petitioner as per the commitment made by the respondent under
Section 12(3) settlement within a period of eight weeks from the date of receipt of copy of this order.?
3.The petitioner is before this Court to issue a similar direction to the respondents to settle the surrender salary leave for 60 days which are accumulated for 4 years from 2010-2014 with permissible interest.
4.Mr.D.Sivaraman, learned Standing Counsel for TNSTC, who takes notice for the respondents sought sufficient time to consider the petitioner's representation.
5.In view of the above, the respondents are directed to consider the petitioner's representation dated 02.01.2017, and pass orders on merits, within a period of six weeks from the date of receipt of copy of this order.
6.The writ petition is disposed of with the above direction. No Costs.
To
1.The Tamil Nadu State Transport, Corporation (Kumbakonam) Ltd., Represented by its Managing Director, Kumbakonam.
2.The General Manager, The Tamil Nadu State Transport, Corporation (Kumbakonam) Ltd., Karaikudi Region, Karaikudi.
.