APHC010750102013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 22613/2013 Between: 1. N.CHANDRA SEKHAR RAO S/O N.GANAPATI RAO,, 59 YEARS, RETD TRAFFIC INSPECTOR-III, H.NO.10-101-A, VISWANATHAPURAM, PODILI, PRAKASHAM DISTRICT. ...PETITIONER AND 1. ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, REP. BY ITS MANAGING DIRECTOR, BUS BHAVAN, MUSHEERABAD, HYDERABAD. 2. THE REGIONAL MANAGER, A.P.S.R.T.C., PRAKASHAM REGION, ONGOLE, PRAKASHAM DISTRICT 3. THE DEPOT MANAGER APSRTC MARKAPUR DEPOT, PRAKASHAM DISTRICT. 4. THE ACCOUNTS OFFICER, A.P.S.R.T.C., PRAKASHAM REGION, ONGOLE, PRAKASHAM DISTRICT ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in disallowing 123 days of earned leave by reckoning the period from the date of removal i.e., 07.09.1983 till the date of reinstatement i.e., 12.10.1987 as without pay for the purpose of calculation of earned leave consequent on 2 retirement, without notice and without issuing any office order, as unjust, arbitrary, discriminatory, contrary to order of Hon'ble High court dated 08.07.1987 in W.P.No.6706/1984, in violation of Article 14 and Article 21 of the Constitution of India and set aside the same and consequently direct the respondents to allow the 123 days of Earned Leave credited in the year 1987 and allow Earned Leave encashment of 57 days to the petitioner and release the balance terminal benefits to the petitioner and pass such other order or orders as just and proper in the interest of justice. IA NO: 1 OF 2013(WPMP 27733 OF 2013 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant an interim direction to release the last month salary of Rs.21,749/-, pending disposal of the writ petition and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. IA NO: 4 OF 2013(WPMP 126307 OF 2013 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Counsel for the Petitioner: 1. A G SATYANARAYANA RAO Counsel for the Respondent(S): 1. P DURGA PRASAD SC FOR APSRTC The Court made the following: 3 ORDER:- The petitioner is aggrieved by denial of the earned leave by reckoning the period from date of removal till the date of reinstatement, resulting in disallowing 123 days of earned leave which ought to be credited to the petitioner. An interim direction to release the last month's salary of his service is also prayed for. 2. The petitioner was appointed on 22.04.1975 as a conductor and the petitioner was removed from service vide proceedings dated 07.09.1983, in pursuance of the punishment imposed by the disciplinary authority. The petitioner filed Writ Petition No.6706 of 1984, challenging the initial order of dismissal and the order confirming the dismissal order by Divisional Manager and sought for reinstatement. 3. The petitioner was cited as a witness in C.C.No.1102 of 1982 which ended with acquittal and certain observations were made by the learned Magistrate against the petitioner and the other witnesses and that the petitioner did not properly identify the police constable who was one of the accused therein. On this count, the respondent corporation passed the order of removal. 4. A learned single Judge of this Court, while allowing the writ petition, directed the respondents to reinstate the petitioner forthwith with continuity of service and back wages and all other consequential benefits, monetary and otherwise as if he had been in service. It is submitted that when the petitioner 4 was reinstated into service along with back wages, consequential benefits, monetary and otherwise, the denial of the earned leave for a period of 123 days is irrational and an illegal and high handed activity of the respondents. It is submitted that the petitioner would be entitled for encashing the 123 days of leave. During which the petitioner was not on duty would have to be considered as on duty for all purposes in pursuance of the orders passed by this Court in W.P.No.6706 of 1984. 5. The learned Standing Counsel, appearing for the respondents submits that the respondent organization follows the Andhra Pradesh State Road Transport Corporation Employees (Leave Regulations), 1963 and as per the Regulation No.7, relating to earning of leave, the leave shall be earned by the employee by duty only. It is further submitted that admittedly the petitioner was not on duty during the period 07.09.1983 till 12.10.1987 as such the leave could not be earned by the petitioner as the regulations mandates to the employee to be on duty for earning the said leave. It is also submitted that the respondents have audited the balance leaves payable to the petitioner from the date of appointment till the date of retirement and have extended the same to him. It is submitted that the petitioner is not entitled for leave during which he was not on duty. 6. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents. 5 7. The petitioner was reinstated in pursuance of directions of this Court in W.P.No.6706 of 1984 and the petitioner was directed to be reinstated by extending continuity of service, back wages and all other consequential benefits, monetary and otherwise as if the petitioner had been in service. The dismissal of the petitioner was found illegal and was set aside by this Court. This Court had also extended the back pages and all consequential benefits. The respondents have not filed an appeal against the order passed by this Court and as such, the same has attained finality. 8. Insofar as grant of the earned leave for the petitioner for the period from 07.09.1983 till 12.10.1987 is concerned, this Court directed the respondents to treat the petitioner as on duty for all purposes and also extended continuity of service, back wages and all other consequential benefits. The earned leave of the petitioner is a consequential benefit arising out of the service of an employee. 9. On these considerations, this Court has no hesitation to allow the writ petition and direct the respondents to extend the earned leave for a period of 123 days, by treating the petitioner as on duty during the period from 07.09.1983 to 12.10.1987 in pursuance of the directions of this Court in W.P.No.6706 of 1984. It is made clear that the respondents shall credit the earned leave for the period claimed by the petitioner within a period of eight (08) weeks from the date of receipt of this order. 6 10. Accordingly, the Writ Petition is allowed. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N Date.08.04.2026 SR