Surrendered leave salary claims must be decided promptly, and admissible dues can be directed to be paid in instalments.

Surrendered leave salary claims cannot be kept pending indefinitely when supported by an earlier Division Bench view recognising entitlement despite the employer's non-permission during a financial crisis. In writ jurisdiction under Article 226, the Madras HC directed the employee to file a fresh representation, required the authority to consider it, and ordered disbursement of the admissible leave salary in four equated monthly instalments, with the first instalment due within four weeks of receipt of the representation.

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Issues: Whether the petitioner was entitled to payment of surrendered leave salary and consequential direction for consideration of his representation.

Analysis: The claim related to surrender leave salary was supported by the earlier Division Bench view that employees could not be denied the benefit merely because the Corporation had not permitted surrender of leave during the relevant period on the ground of financial crisis. In the exercise of writ jurisdiction under Article 226 of the Constitution of India, the respondents could not keep the employee's representation pending indefinitely. The Court therefore directed the petitioner to submit a fresh representation with a copy of the order, and required the respondents to consider it and disburse the eligible leave salary in four equated monthly instalments, with the first instalment to be paid within four weeks from receipt of the representation.

Conclusion: The petitioner's claim for surrendered leave salary was accepted, and appropriate directions were issued for consideration and payment in instalments.

Ratio Decidendi: A statutory authority cannot indefinitely keep an employee's claim representation pending, and where the claim is supported by an earlier binding view, writ relief may be granted directing consideration and disbursement of the admissible amount.

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