The Manaing Director vs R.Alagarsamy
2021 Latest Caselaw 4429 Mad

                                                                            W.A.(MD)No.451 of 2019

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 19.02.2021

                                                     CORAM

                             THE HONOURABLE MR.JUSTICE M.M.SUNDRESH
                                             AND
                              THE HONOURABLE MRS.JUSTICE S.ANANTHI

                                              W.A.(MD)No.451 of 2019

                1.The Manaing Director,
                  Tamil Nadu State Transport Corporation (MDU) Ltd.,
                  Bye Pass Road,
                  Madurai – 625 016.

                2.The Branch Manager,
                  Tamil Nadu State Transport Corporation (MDU) Ltd.,
                  Dindigul Region, Bye Pass Road,
                  Dindigul – 624 004.                                         ... Appellants

                                                       Vs.
                1.R.Alagarsamy

                2.The State of Tamil Nadu,
                  Rep. by its Secretary,
                  Transport Department,
                  Secretariat,
                  Chennai – 9.                                              ... Respondents
                Prayer:- Appeal filed under Clause 15 of the Letters Patent, against the order
                passed by this Court in W.P.(MD)No.13711 of 2012, dated 07.11.2016.
                             For Appellants               : Mr.J.Senthil Kumaraiah

                             For R1                       : Mr.J.Lawrance

                             For R2                       : Mr.K.P.Krishnadoss
                                                            Special Government Pleader
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                                                                              W.A.(MD)No.451 of 2019

                                                   JUDGMENT

(Judgment of the Court was delivered by M.M.SUNDRESH, J)

The subject matter of the proceeding before us is with respect to

entitlement of respondent No.1 for the unearned leave on private affairs.

Placing reliance upon the Government Order in G.O.No.488, Finance (Pension)

Department, dated 12.08.1996, the learned Single Judge allowed the Writ

Petition.

2.As rightly submitted by the learned Standing Counsel appearing for

the appellants, the said Government Order is not applicable to the employees of

the Transport Corporation, but only to the Government Servants. This position

has been reiterated by the Division Bench of this Court in W.A.(MD)Nos.939 to

944 of 2017 etc. batch, dated 27.03.2018.

3.In such view of the matter, we are constrained to set aside the order

of the learned Single Judge. Accordingly, this Writ Appeal is allowed and the

order passed by the learned Single Judge in W.P.(MD)No.13711 of 2012, dated

07.11.2016, is set aside and Writ Petition stands dismissed. No costs.

Consequently, connected Miscellaneous Petition is closed.

Index :Yes/No [M.M.S., J.] [S.A.I., J.] Internet :Yes 19.02.2021 http://www.judis.nic.in

W.A.(MD)No.451 of 2019

Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

The Secretary to Government of Tamil Nadu, Transport Department, Secretariat, Chennai – 9.

http://www.judis.nic.in

W.A.(MD)No.451 of 2019

M.M.SUNDRESH, J.

AND S.ANANTHI, J.

smn2

W.A.(MD)No.451 of 2019

19.02.2021

http://www.judis.nic.in