IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY ,THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 12830 OF 2025 Between; G Prabhakar Rao, S/o Late G. Ramachandra Naidu, Age 63 years, Retired as Deputy Executive Engineer R and B Vijayawada, R/o D.No. 6-11-12B, KB Layout, Tirupathi District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, TR and B Department, A.P. Secretariat Velagapudi, Guntur District. 2. The Engineer-in-Chief (Admn.), Road and Buildings Department Vijayawada, Krishna District. ...RESPONDENTS 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 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 of Charge Memos Vide G.O.Rt.No. 500 T R and B (VIG.R and B) Dept dated 04-12- 4’ 2018, G.O.Rt.No. 101 T R and B (VIG.R F.I.R.No. 05/RCT-KDP/2019 dated violation of Principles of Natural and B) Dept dated 07-03-2025 and 28-10-2019, as illegal arbitrary in Justice, Consequently direct the respondents to release the Encashment of Earned Leave amount in terms of G.O.Rt.No. 1097 Finance and Planning (FW-PEN.1) Department, Dated 22- 06-2000, by following the Division Bench of 2022, dated 16-2-2022, and W.A.No. Judgment, passed in W.A.No. 196 189 of 2022, Dated 2-3-2022. lA NO: 1 OF 207fi Petition under Section 151 CPC stated in the affidavit filed i praying that in the circumstances in support of the petition, the High Court may be pleased to direct the respondents to release the Encashment of Earned Leave amount immediately, to the petitioner i G.O.Rt.No.1097 Finance in terms of Rule 3(B) of and Planning Department, Dated; 22-06-2000 pending disposal of the above writ petition. Counsel for the Petitioner: SRI. CHILAMKURTHI Counsel for the Respondents: GP FOR SERVICES The Court made the following Order: SATYA DEV NAIDU II 4' APHC010247832025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] FRIDAY, THE NINTH DAY OF MAY TWOTHOUSANDAND TWENTYFIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 12830/2025 Between: ...PETITIONER G Prabhakar Rao AND ...RESPONDENT(S) The State of AP and Others Counsel for the Petitioner: 1.CHILAMKURTHI SATYA DEV NAIDU Counsel for the Respondent(S): 1.GP FOR SERVICES II 2 HCGRJ W.P.No.12830 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 of Charge Memos Vide G.O.Rt.No.500 T R and B (VIG.R and B) Dept dated 04-12-2018, G.O.Rt.No.101 T R and B (VIG.R and B)' Dept dated 07-03-2025 and F.I.R.No.05/RCT- KDP/2019 dated 28-10-2019, 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 and 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 pass such other order or orders may deem fit and proper in the circumstances of the case....” Heard Chilamkurthi Satya Dev Naidu, learned counsel for the petitioner and learned Assistant Government Pleader for Services-I 2. for respondents. 3. Petitioner while working as Deputy Executive Engineer, was issued charge memo vide G.O.Rt.No.500, Transport Roads & Buildings (VIG.R&B) Department, dated 04.12.2018, setting out sole Article of Charge, on the allegation that he has not been diligent in processing of measurement and making recommendations for payment for inflated works. To which, petitioner has submitted statement of defence on 30.01.2019, refuting aforesaid allegations. Petitioner has also been issued yet another charge memo vide G.O.Rt.No.101, Transport Roads & Buildings (VIG.R&B) Department, dated 07.03.2025, with sole article of charge, alleging that he in abuse of his official position has demanded and accepted 3 HCGRJ W.P.No.l2830of2025 bribe for sanctioning of pending bills. Petitioner is stated to be in the process of submitting explanation to the same. Meanwhile, petitioner superannuated on 30.04.2021. Aforesaid two disciplinary proceedings are pending at the stage of inquiry, and so far the same are not concluded. Though petitioner has retired, his retirement benefits such as Encashment of Leave has been retained account of aforesaid proceedings. on Learned counsel for the petitioner submits that in terms of Rule 3(B) of G.O.Rt.No.1097, Finance and Planning (FE.Pen.l) Dept., dated 22.06.2000, petitioner is entitled for payment of Encashment of Earned Leave and mere pendency of charges would not disentitle or enable respondents to withhold the same. He places reliance on the judgment rendered by the Division Bench of this Court in W.A.No.196 of 2022 dated 16.02.2022. 4. Learned Assistant Government Pleader does not refute the aforesaid contentions. 5. 6. The legal issue as to whether withholding of amount towards Encashment of Earned Leave during pendency of departmental 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 be disposed of inline with W.A.No.196 of 2022 dated 16.02.2022. HCGRJ W.P.No.l2830of2025 Accordingly, the Writ Petition is disposed of, directing the Encashment of Earned Leave, as entitled by the G.O.Rt.No.1097, Finance and Planning 7. respondents to pay petitioner in terms of (FE.Pen.l) Dept., dated 22.06.2000, within a period of six (06) weeks of this order. There shall be no from the date of receipt of a copy order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. Sd/- M SRINIVAS assistant registrar ir Action officer //TRUE COPY// To, . The Principal Secretary, TR and B Department, A.P. Secretariat Velagapudi, Guntur District. 2. The Engineer-in-Chief (Admn), Road and Buildings Department Vijayawada, Krishna District. 3. One CC to Sri Chilamkurthi Satya Dev Naidu, Advocate [OPUC] 4. Two CCS to GP for Services li ,High Court Of Andhra Pradesh. [OUT] 5. Three CD Copies 1 vna HIGH COURT DATED:09/05/2025 ORDER WP.No.12830 of 2025 12 JUN 2m . Current oeciion * S. «9i DISPOSING OF THE WRIT PETITION WITHOUT COSTS