LAWS(MAD)-2012-6-257

K UNNIKRISHNAN Vs. GOVERNMENT OF TAMIL NADU

Decided On June 25, 2012
K UNNIKRISHNAN Appellant
V/S
GOVERNMENT OF TAMIL NADU Respondents

JUDGEMENT

(1.) THE Appellant/petitioner has preferred the instant writ appeal against the order dated 10.11.2010 passed by the Learned single Judge in W.P. No.16076 of 2008.

(2.) ACCORDING to the Learned counsel for the Appellant/petitioner, Learned single Judge has incorrectly dismissed the writ petition filed by the Appellant/writ petitioner inter-alia holding that the Appellant/petitioner is not entitled to get the relief of quashing the impugned order of the first respondent, in and by which, the Government has rejected his representation dated 14.12.2007 claiming the Encashment of Leave on Retirement and also for a consequential direction for settling the claim for remaining Earned Leave for 83 days with interest @ 18% per annum from the date it has fallen due.

(3.) THE stand taken by the Appellant/petitioner is that the Learned single Judge has failed to consider that Clause 3(d) of G.O.Ms.No.1921 Agriculture (MP.I) Department (hereinafter referred to as "GO 1921 dt.8.11.1983") dated 8.11.1983 does not speak of adjusting of 50% of Earned Leave retained by the first respondent out of the total accumulation of Earned Leave for the service rendered by the Appellant/petitioner till 31.1.1981 with the first respondent.