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TMI Blog2021 (4) TMI 321X X X X Extracts X X X X X X X X Extracts X X X X ..... d 2018-2019 together with interest at the rate of 18% per annum payable from the date of retirement to till the date of actual payment. 2.Heard Mr.K.Gokul, learned counsel appearing for the petitioner and Mr.P.Balasubramanian, learned Standing Counsel appearing for the respondents. 3.By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself. 4.The grievance of the petitioner is that after his retirement, the respondents have not settled the surrender leave salary and therefore, he claims the disbursement of the same together with interest. 5.The learned counsel for the petitioner, as well as the learned Standing Counsel appearing for the respondents, submitted that the issue involved in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he has made a claim of surrender of earn leave, based on the circular issued by the appellant Corporation, dated 09.01.2017. Further, it is submitted that the circular is not meant for enabling the retired employees to renew their claim of surrendering their earned leave of 15 days in a year during the service i.e., between 2011-2014 and it is applicable only for existing employees. Therefore, it 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 yea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oresaid decision being in favour of the petitioner, this Court is also of the view that the petitioner herein is entitled to succeed in the present writ petition. 7.At this juncture, Mr.P.Balasubramanian, learned Standing Counsel appearing for the respondent Corporation submitted that the Division Bench of this Court as well as the learned Single Judges of this Court in many cases have ordered for payment of earned leave salary, but have not granted interest and therefore, he submitted that the interest need not be paid for non surrender of earned leave. 8.In all the decisions cited by the learned Standing Counsel, both the Division Bench, as well as the learned Single Judges, there is no discussion with regard to the non entitlement of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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