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TMI Blog2019 (9) TMI 1512X X X X Extracts X X X X X X X X Extracts X X X X ..... r 50% of the earn leave per year was done away by the appellants Corporation on account of financial crises - HELD THAT:- The action based on the settlement entered into under Section 12(3) of the Act was not available to the respondent/writ petitioner, because the appellants Transport Corporation is citing financial crisis. The learned Single Judge took into consideration the facts placed before ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d counsel appearing for the appellants and Mr.A.Rahul, learned counsel appearing for the respondent. 2. This appeal is filed by the Tamil Nadu State Transport Corporation, Kumbakonam Division. The respondent filed W.P(MD).No. 2449 of 2018 praying for a Writ of Certiorarified Mandamus to quash the order dated 21.12.2017 and direct the appellants to settle the petitioner's surrender leave sal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t is submitted that the respondent/writ petitioner cannot lay his claim based upon the circular, dated 09.01.2017. 3.The learned counsel appearing for the respondent/writ petitioner submitted that though the petitioner superannuated on 31.05.2016, from the year 2011 onwards, the said practice of surrendering 15 days or 50% of the earn leave per year was done away by the appellants Corporation o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s been granted and the writ petitions were allowed and the appellants Transport Corporation was directed to implement the same. Thus in our considered view, the learned Single Judge has rightly gone into the factual position and took note of stand of the appellants corporation as to why earlier they did not permit surrender and allowed the writ petition. Therefore, we find that the appellants have ..... X X X X Extracts X X X X X X X X Extracts X X X X
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