Earned leave is a right protected under Article 300-A of the Constitution and cannot be withheld without enabling statutory provisions.

P.D. AUDIKESAVALU, J.

1. The intra-Court Appeal arises out of the order dated 28.11.2016 in W.P. No. 26062 of 2016 passed by the Learned Judge of this Court. The parties are hereinafter referred to as per their description in the Writ Petition for the sake of convenience.

2. The Petitioner, while working as Assistant Executive Engineer in the Public Works Department, Chennai, was placed under suspension on 30.05.2006. Since the Petitioner was attaining the age of superannuation on the afternoon of 31.05.2006, and the disciplinary proceedings had been initiated against him, the Respondents by proceedings dated 30.05.2006 directed that the Petitioner shall not be permitted to retire on attaining the age of superannuation and a charge memo under Rule 17(b) of the Tamil Nadu Civil Services (Discipline & Appeal) Rules, had been issued on the same day. The Petitioner was imposed with the punishment of removal from service by the Government of Tamil Nadu by G.O. (D) No. 508, Public Works (E1) Department dated 03.12.2013. Further, the Petitioner and some other officials, who had been prosecuted in criminal proceedings in Special C.C. No. 8 of 2011, were acquitted by order dated 27.04.2016. Thereafter, the Petitioner made a representation dated 03.02.2014 to the First Respondent for the encashment of his earned leave citing the decision of the Hon'ble Supreme Court of India in State of Jharkhand vs. Jitendra Kumar Srivastava, (2013) 12 SCC 210. The Second Respondent by proceedings No. CII(3)/2003/2006-181 dated 20.02.2014 had rejected the claim of the Petitioner stating that encashment of earned leave provided in Rule 86 of the Fundamental Rules is not applicable for those who have been removed from service on finalization of the disciplinary proceedings. The Petitioner filed W.P. No. 30076 of 2016 in this Court challenging the proceedings No. CII(3)/2003/2006-181 dated 20.02.2014 passed by the Second Respondent and had sought for consequential direction to disburse the earned leave encashment for 330 (240+90) days to the Petitioner with interest at the rate of 18% per annum from the date of termination of the extended service on 03.12.2013.

3. The Learned Judge, who heard the Writ Petition, by order dated 28.11.2016, after referring to the earlier decision of this Court in T. Veeravinothan vs. Registrar of Co-Operative Societies, (2016) 1 LLJ 730 directed the Respondents to disburse the earned leave encashment for 330 days as claimed by the Petitioner. Aggrieved thereby, the Respondents have preferred this appeal.

4. We have heard Mrs. A. Sri Jayanthi, Learned Special Government Pleader appearing on behalf of the Respondents, Mr. A.R. Suresh, Learned Counsel appearing for the Petitioner and perused the materials placed on record, apart from the pleadings of the parties.

5. Before proceeding further, it would be necessary to examine the nature and legal basis for payment of 'earned leave' to Government Servants. Rules 7 to 12 of the Tamil Nadu Leave Rules, 1933, contain the statutory provisions for earned leave. It could be seen from the aforesaid provisions that the leave account of every permanent Government Servant shall be credited with earned leave in advance in two instalments of fifteen days each on the first day of January and first day of July every year. The leave at the credit of a Government Servant at the close of the previous half year shall be carried forward to the next half year, subject to the condition that the leave so carried forward plus the credit for the half year do not exceed the maximum limit of 240 days. The said rules further provide that if the leave standing to the credit of the Government Servant is not taken within a year as per the Service Rules, it may be encashed or accumulated. The accumulated leave may be availed by the Government Servant during his tenure of service or at the time of re