IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 23.01.2024 CORAM THE HONOURABLE MR.JUSTICE BATTU DEVANAND W.P.No.31964 of 2017 and W.M.P.No.35116 & 35117 of 2017

1. BHEL Employees Progessive Union/ LPF Represented by General Secretary, R.Ethiraj, 7A, Vijay Garden, Lingam Nagar, Kulumani Road, Trichy – 620 102.

2.BP DR.Ambedkar Employees Union, Represented by General Secretary, P.Chandra Sekar, A3/527, BHEL Township, Kailasapuram, Trichy – 14.

3.BP Anna Workers Union/ ATP Represented by General Secretary, N.Karthik, C2/310F, BHEL Township, Kailasapuram, Trichy – 14.

4.BHE Workers Union/ CITU, Represented by General Secretary, K.Arunan, A2/312F, BHEL Township, Kailasapuram, Trichy – 14.

5.BHEL Mazdoor Sangam/ BMS, Represented by General Secretary, G.Sankar, C2/109, BHEL Township, Kailasapuram, Trichy – 14.

6. BHEL Desiya Thozhilalar Sangam/ AITUC, Represented by General Secretary, A.Sasi Kumar, 88/1. Aruna dhanam ilam, Malligai Street, Ezhil Nagar, Kailasapuram Post, Trichy – 14.

7.Boiler Plant Employees Union/ INTUC, Represented by General Secretary, R.Kalyankumar, B3/294, BHEL Township, Kailasapuram, Trichy – 14.

8.Boiler Plant Workers Union/ NDLF, Represented by General Secretary, K.Sundaraju, A2/183F, BHEL Township, Kailasapuram, Trichy – 14.

9.BHEL National Staff Union/ BNSU, Represented by General Secretary, S.Ilayaraja, C3/332, BHEL Township, Kailasapuram, Trichy – 14.

10.BHEL Combined Employees Union/ BCEU, Represented by General Secretary, R.Mani Maran, E2/343, BHEL Township, Kailasapuram, Trichy – 14.

11.BHEL Marumalarchi Employee Progressive Union/ MLF, Represented by General Secretary, K.Karunakaran, C2/355F, BHEL Township, Kailasapuram, Trichy – 14.

12.BHEL Labour Liberation Front/ LLF, Represented by General Secretary, K.Ilayaraja, C2/287F, BHEL Township, Kailasapuram, Trichy – 14.

13.BHEL Periyar Thozhilalar Nala Urimai Sangam, Represented by General Secretary, S.Sudharsan, E2/302, BHEL Township, Kailasapuram, Trichy – 4.

14.Engineers/ Officers Union, Represented by General Secretary, R3/491, BHEL Township, Kailasapuram, Trichy – 14.

15.BHEL Executives Association Trichirappalli, Represented by General Secretary, S.Madhan Kumar, B3/041, BHEL Township, Kailasapuram, Trichy – 14. … Petitioners vs

1.Union of India New Delhi, Represented by its, Principal Secretary, Ministry of Heavy Industries & Public Enterprises, New Delhi.

2.The Under Secretary, Department of Heavy Industry, Union of India, New Delhi.

3.The Chairman cum Managing Director, M/s.Bharat Heavy Electricals Limited, BHEL House, Siri Fort, New Delhi – 110 049.

4.The General Manager, (HR & CC), M/s.Bharat Heavy Electricals Limited, BHEL House, Siri Fort, New Delhi – 110 049.

5.The Executive Director, M/s.Bharat Heavy Electricals Limited, Trichirapalli – 620 014.

6.The Executive Director, M/s.Bharat Heavy Electricals Limited, Ranipet, Vellore District. … Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned order passed by the 4^th respondent in Ref No.AA:HR:LH1 dated 24.11.2017 pursuant to the letter of the 2^nd respondent in letter No.03(05/2014-PE.XI dated 24.11.2017 and quash the same as illegal and directing the respondents to follow the rules for the encashment of earn leave in service as per Vol II of the personnel manual and pass such other relief.

For Petitioners : Mr.S.Muthukrishnan For RR1 & 2 : Mr.N.Vijaya Baskar ACGSC For RR3 to 5 : Mr.A.V.Arun For R6 : Mr.John Zachariah for M/s. Fox Mandal & Associates

ORDER

When the matter is taken up for the hearing, the learned counsel appearing for the petitioner submitted that due to the subsequent developments happened during the pendency of this Writ Petition, nothing survives for further adjudication in this Writ Petition and requested to dismiss this Writ petition as infructuous and liberty may be given to withdraw the Writ Petition.

2. Recording the submissions made by the learned counsel for the p