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TMI Blog2018 (4) TMI 1862X X X X Extracts X X X X X X X X Extracts X X X X ..... 011 and 2014, though he could have surrendered the earned leave of 15 days in a year as per 12(3) settlement, the same was not made possible because the practice was done away by the respondent Corporation, as they have admitted in the answer given to the query under RTI Act - If the present circular dated 09.01.2017 enabling the employees to surrender earned leave of 15 days per year for the original period between 2011 and 2014, certainly, such benefits should be extended to all such employees. Insofar as the present petitioner is concerned, the petitioner also could not surrender his earned leave between 2011 and 2014 and therefore, the petitioner would be entitled to make such a claim by virtue of the Circular. This Court is of the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from the date of retirement to till the date of actual payment. 2.The case of the petitioner is that he joined in the respondent Corporation as Conductor with effect from 01.03.1980 and retired from service with effect from 31.05.2016, after rendering 36 years of service. However, his surrender leave salary was not settled by the respondents. Hence, he filed a writ petition in W.P.(MD) No.14498/2017 seeking direction to the respondents to settle the petitioner's surrender leave salary for 84.5 days of ₹ 1,37,983/- from 2009 to 2016 together with interest at the rate of 18% per annum payable from the date of retirement till the date of actual payment. 3. It is the further case of the petitioner that by order dated 16.08.2017, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and the respondent Corporation, according to which, in respect of earned leave, 15 days per year permitted to be surrendered or 30 days once in two years are permitted to surrender. Since the said option was not open to the petitioner, because of the action on the part of the respondent Corporation citing the financial crisis, the blame cannot be put against the petitioner now by the respondent Corporation, as has been stated in the impugned order. 7. In support of the said contention, the learned counsel relied upon the RTI information dated 31.03.2017 issued by the respondent Corporation, where it has been specifically answered to the query raised by the petitioner that the earned leave surrender was stopped from February 2011 onwards. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efore, the writ petition deserves to be dismissed. 10. I have considered the said rival submissions made by both sides. 11. It is not in dispute that there was 12(3) settlement between the parties. According to such settlement, employees would be entitled to surrender earned leave of 15 days in one year or 30 days in two years and the remaining 15 days or 30 days, as the case may be, shall be cumulatively accumulated as terminal earned leave benefit to the maximum of 240 days for the whole service. 12. As far as the petitioner's case is concerned, during his service, between 2011 and 2014, though he could have surrendered the earned leave of 15 days in a year as per 12(3) settlement, the same was not made possible because the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed set of papers with regard to the forwarding of any letter/application, claiming the said amount. He has further submitted that it has to be ascertained as to whether the period for which leave salary is claimed in these writ petitions have been included in the final settlement of surrender leave salary of 240 days after their retirement. Moreover, the respondents/Corporation have been undergoing severe economical crisis, which is also one of the reasons for not releasing the amount. 5.The financial crisis cannot be the ground to deprive the benefit of earned leave surrender salary to the petitioners, especially, when the claim of earned leave surrender salary for 15 days per year or 30 days once in two years has been admitted in the s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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