K UNNIKRISHNAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The writ petition is directed against the order of the first Respondent dated 29.5.2008, by which the Government has rejected the representation of the Petitioner dated 14.12.2007 claiming encashment of leave on retirement and also for a consequential direction against the Respondents to settle the claim for the remaining earned leave wages of 83 days with interest at the rate of 18% per annum from the date it became due.

(2.) 1. The brief facts leading to the filing of the writ petition are that the Petitioner has joined in the service of the Dairy Development Department on 1.8.1969 as Office Assistant. When the Government has created the Tamil Nadu Dairy Development Corporation Limited as an independent Government undertaking, the Petitioner was sent on deputation to the Corporation on 1.7.1972. The Government thereafter has decided, as a matter of policy, to convert the Tamil Nadu Dairy Development Corporation Limited as a Co-operative Federation and the services of the employees were transferred on deputation to the second Respondent/Federation.

(3.) 1. On the other hand, it is the case of the second Respondent that when the 50% of the quantum of earned leave that stood in the name of the Petitioner to his credit for the service rendered in the Dairy Development Department is 83 days, it is from 83 days the benefits of earned leave under the second Respondent/Federation should continue and taking that into consideration, even if the Petitioner had the benefit of earned leave for the services rendered in the second Respondent/ Federation for more than 240 days, he will be entitled to the benefit only up to 157 days, so that the total encashment comes to the maximum limit of 240 days.