aphc010202832025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] WEDNESDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 10236/2025 Between: D Chandrasekhara Rao ...PETITIONER AND The State of AP and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. BUGULU SREETEJA Counsel for the Respondent(S): 1. GP FOR SERVICES I 2 HCGR, J W.P.No.10236 of 2025 The Court made the following order: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:- “…to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declare the action of the respondents in not releasing the Encashment of Earned leave on mere pendency Charge Memo vide Memo No.955/V.S.-1/A3/2002-12 Dated 17.12.2002 and C.C.No.77/2013 on the file of Special Court for SPE & ACB Cases, Kurnool as illegal, arbitrary in violation of Principles of Natural Justice, consequently direct the respondents to release the Encashment of Earned Leave amount in terms of G.O.Rt.No.1097, Finance & Planning (FW-PEN.1) Department, Dated 22-06-2000, by following the Division Bench Judgment, passed in W.A.No.196 of 2022, dated 16-2-2022, and W.A.No.189 of 2022, Dated 2-3-2022 and to pass such other order or orders…” 2. Heard Ms Bugulu Sreeteja, learned counsel for the petitioner and learned Assistant Government Pleader for Services-I for respondents. 3. Petitioner was issued charge memo vide Memo No.955/V.S.- 1/2002-12, dated 17.12.2002, basing on certain allegations. He was placed under suspension on 16.11.2002, by G.O.Rt.No.1828, Panchayat Raj and Rural Development (V.S.I) Department, dated 14.11.2002 and later re-instated into service on 12.03.2004, after approaching the Hon’ble A.P.A.T. He got superannuated on 30.04.2004. So far as Articles of Charges are concerned, petitioner has submitted statement of defense on 15.04.2004. Since then, the 3 HCGR, J W.P.No.10236 of 2025 inquiry has not been completed and is stated to be pending. So far as, criminal case in Crime No.01 of 2003 dated 06.01.2003, registered for the offences punishable under Sections 13(1)(D) r/w 13(2) of the Prevention of Corruption Act, 1988 is concerned, stated to be numbered after filing of charge sheet as C.C.No.77 of 2013 on the file of learned SPE & ACB Cases, Kurnool, and is stated to be pending for trial. Even after petitioner has retired, his retirement benefits such as gratuity, encashment of leave were retained on account of pendency of disciplinary proceedings. Petitioner submitted various representations to 1st respondent, which have not been considered. 4. Learned counsel for the petitioner submits that in terms of Rule 3(B) of G.O.Rt.No.1097, Finance and Planning (FE.Pen.I) Dept., dated 22.06.2000, petitioner is entitled to payment of encashment of earned leave and mere pendency of charges would not disentitle or withhold the same. She places reliance on the judgment rendered by the Division Bench of this Court in W.A.No.196 of 2022 dated 16.02.2022. 5. Learned Assistant Government Pleader does not refute the aforesaid contentions. 6. The legal issue as to whether withholding of amount towards encashment of earned leave during pendency of departmental 4 HCGR, J W.P.No.10236 of 2025 proceedings is no more res integra, has been considered and decided by Division Bench of this Court in W.A.No.196 of 2022 dated 16.02.2022. In view of the same, the writ petition has to dispose of inline with W.A.No.196 of 2022 dated 16.02.2022. 7. Accordingly, the Writ Petition is disposed of, directing the respondents to pay encashment of earned leave, as entitled by the petitioner in terms of G.O.Rt.No.1097, Finance and Planning (FE.Pen.I) Dept., dated 22.06.2000, within a period of six (06) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ______________________________________ JUSTICE CHALLA GUNARANJAN Date: 23.04.2025 KBN