RETIRED OFFICIALS Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE writ petition has been filed on behalf of the Retired Officials - Association, Madras, seeking the direction of this Court to the Government of Tamil Nadu to allow encashment of earned leave on the date of superannuation in full without deduction of the pension and pension equivalent of the Death -cum -retirement gratuity, hereinafter referred to as DCRG, to the State Government servants who retired during the period from 8.5.1971 to 13.6.1974 and from 17.9.1975 to 30.9.1978. This, in short, is the case of the petitioner. The prayer is for a mandamus to the above effect.

(2.) BEFORE I deal with the points raised in the writ petition, it is neccessary for me to provide the background leading to this writ petition. Then 1 will address myself to the arguments. The Second Pay Commission made certain recommendations in regard to leave benefits to Government servants. Those recommendations were examined by the Government and in G.O.Ms.No.226, Finance, dated 8.2.1971, the following order was passed:

(3.) THEREAFTER , availing of 180 days of earned leave at any one time came up for decision. The Government, by G.O.Ms. No.444, Finance, (F.F.11), dated 30.3.1974, accepted the recommendation of the Tamil Nadu Civil Services Joint Council and permitted the Government servants in superior service to avail of earned leave upto a maximum of 180 days, at any one time, instead of 120 days.