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The Managing Director vs P.Karunanidhi

Madras High Court|15 June, 2017

JUDGMENT / ORDER

[Judgment of the Court was made by T.S.SIVAGNANAM, J.] These appeals are directed against the order dated 12.06.2014 passed in W.P.(MD).No.5915 of 2013 and the order dated 17.06.2014 passed in W.P.No.17164 of 2013 respectively.
2.The respondents/ writ petitoiners sought for direction upon the appellant for payment of difference amount of encashment of earned leave paid based on the prerevised scale and encahment of earned leave payable based on the revised scale along with interest at 18 percent per annum. The Writ Court allowed the writ petition as prayed for. This appeal by the State Transport Corporation is mainly on the ground that they are suffered from financial crisis for payment and the further direction to pay interest at 18 percent is also challenged.
3.We have heard the learned Standing Counsel appearing for the appellant and the learned counsel appearing for the respondent/writ petitioner.
4.Considering the fact that the amount which has been claimed by the respondent/ writ petitioner is a lawful entitlement, the appellant corporation cannot resist the claim and cannot refuse to pay the same.
5.Further taking note of the financial difficulties faced by the appellent corporation, we are inclined to grant some direction to the appellant corporation to pay the amount along with a reasonable interest on account of the fact that the amount ought to have been settled longback.
6.In the light of the same we direct the appellant corporation to pay the difference amount of encashment of earned leave to the respondents/writ petitioners within a period of six months from the date of receipt of copy of this order together with interest at 6 % per annum till the date of realisation.
7. Therefore, with the above observations and direction the writ appeals are disposed of. No Costs. Consequently connected Miscellaneous Petitions are closed.
To The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Ltd., Bye Pass Road, Madurai ? 625016.
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Title

The Managing Director vs P.Karunanidhi

Court

Madras High Court

JudgmentDate
15 June, 2017