APHC010487892024 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: 25120/2024 Between: K Kesava Rao ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. BUGULU SREETEJA Counsel for the Respondent(S): 1. GP FOR SERVICES IV 2 HCGR, J W.P.No.25120 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 G.O.Rt.No.367 PR and RD Department, Dated. 02-07- 2021, 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 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, while working as Deputy Executive Engineer at PRI Sub-Division, Ponnur, Guntur District, superannuated on 31.03.2024. Basing on certain allegations, 1st respondent issued Article of Charges vide G.O.Rt.No.367, Panchayat Raj & Rural Development (VIG.II) Department, dated 02.07.2021, for which, petitioner submitted statement of defense on 15.12.2021. The Inquiry Officer completed inquiry and submitted report on 22.11.2023 calling for explanation against the report. Even after petitioner has retired, his retirement benefit such as encashment of 3 HCGR, J W.P.No.25120 of 2025 leave was retained on account of pendency of disciplinary proceedings. Petitioner submitted representations sated 09.05.2024 and 16.10.2024 to 3rd respondent with a request of release encashment of earned leave, in terms of G.O.Rt.No.1097, Finance and Planning (FE.Pen.I) Dept., dated 22.06.2000. The 3rd respondent rejected the request on 21.10.2024. 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 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. 4 HCGR, J W.P.No.25120 of 2025 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