IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.01.2022

Coram:

The Hon'ble Mr.Justice V.PARTHIBAN

W.P.Nos.7137 of 2021

1. M.G.Srinivasan(deceased)

2. V.Mala

3. Narayanan

4. Karpagam

(Petitioners 2 to 4 substituted

as LR's of the deceased sole Petitioner

as per order dated 7.1.2022

made in WMP.19046/2021 in

W.P.Nos.7137 of 2021 by VPNJ)

.. Petitioners

Vs

1. The Secretary to Government,

Animal Husbandry Dairying and Fisheries Department,

Fort St.George,

Chennai - 600 009.

2. The Managing Director,

Tamil Nadu Cooperative Milk Producers Federation Limited,

Aavin House,

Pasumpon Muthuramalingam Salai,

Nandanam,

Chennai - 35.

3. The Joint Managing Director.

Tamil Nadu Cooperative Milk Producers Federation

Limited,

No.28 & 29, Ambattur Industrial Estate,

Chennai - 600 098.

.. Respondents

Prayer

This Writ Petition is filed under Article 226 of the

Constitution of India seeking to issue a Writ of Mandamus to

direct the respondents to disburse the amount of 90 days of

private affairs leave encashment besides earned leave calculated

at the rate of 32 days per year from 01.01.1990 till the date of

my retirement together with interest @ 18% p.a. for the delayed

period from 28.10.2014 till the date of payment at the earliest.

https://hcservices.ecourts.gov.in/hcservices/

For Petitioner

.. Mr.S.Mohan

For Respondents

.. Mr.L.S.M.Hasan fizal,

Additional Government Pleader

for R1

Mr.U.Bharanidaran

Additional Government Pleader

for R2

Mr.R.Bala Ramesh

Standing Counsel for R3

O R D E R

This writ petition has been to issue a Writ of Mandamus to

direct the respondents to disburse the amount of 90 days of

private affairs leave encashment besides earned leave calculated

at the rate of 32 days per year from 01.01.1990 till the date of

my retirement together with interest @ 18% p.a. for the delayed

period from 28.10.2014 till the date of payment at the earliest.

2. When the matter is taken up for hearing, the learned

counsel for the petitioner would draw the attention of this

Court to a decision rendered by this Court in W.P.No.29781/2014

dated 27.06.2017, wherein the learned Judge of this Court, while

dealing with the identical prayer, has allowed the writ

petition. The order of the learned Judge, considering the

similar claim is extracted as under.

3. At the time of retirement, the petitioner

was holding the post of Manager/Purchase (Selection

Grade) in the office of the third respondent. It is

admitted case of both sides that he has received all

the due terminal benefits except 90 days of Private

Affairs Leave (PAL) Encashment. Therefore, he made

various representations to the respondents, however,

the same have been rejected on the ground that since

he retired on 31.10.2006, he is not eligible to draw

UEL on PAL encashment for 90 days. The third

respondent had framed the Special Bylaws fixing the

date of implementation as 01.04.2013 which states

that any person retiring from service of the third

respondent prior to 31.03.2013 cannot be given the

aforesaid benefit of PAL encashment.

4. A counter affidavit filed by the third

respondent states that since the petitioner retired

on 31.10.2006, which is much earlier to the

implementation of the Special Bylaws with effect

from 01.04.2013, benefit given in the said Bylaws

https://hcservices.ecourts.gov.in/hcservices/

regarding the PAL Encashment could not be extended

to him. However, now after the said Bylaws, much

water has flown down upon issuance of the

proceedings dated 14.12.2004 by the Managing

Director of the Tamil Nadu Cooperative Milk

Producers' Federation. For better appreciation,

relevant portions of the said proceedings are

extracted below:

"ii. At the time of retirement,

encashme