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High Court of Andhra Pradesh · body

2025 DAILYLAW 36692 (AP)

A.Ramana Kumar, v. State of Andhra Pradesh,

WP/31486/2024 · 2025-01-06

Subba Reddy Satti

body2025

Judgment text

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APHC010602582024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY ,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 31486/2024 Between: 1. A.RAMANA KUMAR, S/O VENKATA SATYANARAYANA, OCC- GOVT. EMPLOYEE, AGED ABOUT 59 YEARS, R/O. FLAT NO. 101, LALITHA BLOCK, INDIRA ICON, KANURU, VIJAYAWADA. KRISHNA DISTRICT. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMAVARATHI, GUNTUR DISTRICT REP. BY ITS PRINCIPAL SECRETARY 2. THE DIRECTOR OF TREASURIES, MANGALAGIRI, GUNTUR DISTRICT 3. THE SECRETARY, A. P. SOCIAL WELFARE RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETY, SAI PLAZA, SERVICE ROAD, TADEPALLI, GUNTUR 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 tomay be pleased to issue a writ or direction more particularly in the nature of a Writ of Mandamus under article 226 of the constitution of India declaring the action of the respondents in not paying the bill amount pertaining to the petitioners wife Late Smt.K.Padma Earned Leaves and Half SRS,J W.P.No.31486 of 2024 Pay Leaves vide CFMS ID.No.2023/530295 for Rs.7.80 Lakhs now migrated Bill No.2024/51339 as illegal, arbitrary and consequently direct the respondents to pay the bill immediately and pass IA NO: 1 OF 2024 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 may be pleased to direct the respondents to pay the bill amount pertaining to the petitioner’s wife Late Smt.K.Padma Earned Leaves & Half Pay Leaves vide CFMS ID.No.2023/530295 for Rs.7.80 Lakhs now migrated Bill No.2024/513391 forthwith and pass Counsel for the Petitioner: 1. Y KANAKALINGESWARA RAO Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following ORDER: Heard Sri Y. Kanakalingeswara Rao, learned counsel for the petitioner; Sri S. Raju, learned Assistant Government Pleader for Services, for respondents 1 and 2; and Sri P. Ravi Kumar, learned standing counsel for respondent No.3. 2. The above writ petition is filed to declare the action of the respondents in not clearing/paying the bill to the tune of Rs.7.80 Lakhs, uploaded vide CFMS ID No.2023/530295, migrated as bill No.2024/513391, about the earned leaves and half pay leaves of the petitioner’s wife by name late K. Padma, who worked as a Junior Lecturer (Chemistry) at APSWREI Junior College, Dowvaleswaram, as illegal and arbitrary. 3. Learned counsel for the petitioner submitted that the petitioner’s wife, while working as a Junior Lecturer (Chemistry) in APSWREI Junior College, Dowvaleswaram, died in a road accident on 05.12.2020. Upon the death of the petitioner’s wife, all amounts relating to her service were cleared except SRS,J W.P.No.31486 of 2024 leave encashment and D.A. arrears. He submitted that the petitioner made representation dated 29.09.2022 to respondent No.3 (Ex.P1), in pursuance of which, respondent No.3 uploaded the bill for Rs.7,80,000/-, through CFMS portal vide Bill No.2023-530295, but the bill was not cleared by the Finance Department. Respondent No.3 again uploaded the bill for the financial year, 2024-25 vide CFMS Bill No.2024/513391, despite which, the amount was not released. 4. Learned Assistant Government Pleader for Services and learned standing counsel produced the copies of instructions furnished by the Secretary to Government (HR), Finance Department, vide Letter No.WP.No.31486/2024 dated 02.01.2025 and the instructions of respondent No.3 and submitted that bill is ‘waiting for fund clearance’. It will be cleared based on the ways and means position of the State Government 5. In the instructions, it is not disputed about the death of the petitioner’s wife, while in service. It was mentioned about submission of earned leave and half pay leave bill by the concerned Principal and processing of the same by proceedings Rc.No.15021(34)/1/2019 dated 13.10.2022 in CFMS, vide bill No.2022-2435569, for payment in the financial year, 2022. However, the encashment bill was cancelled by the Finance Department and the same was returned to respondent No.3 for resubmission due to the year-end closure process. Subsequently, the bill was revalidated on 03.04.2023 for Rs.7.80 lakhs and the same was uploaded in the CFMS portal vide bill No.2023- 530295. However, the amount was not released and again the said CFMS bill was migrated to the succeeding financial year as CFMS bill No.2024-513391 and the status of the bill is ‘waiting for fund clearance’. 6. Thus, as seen from the instructions, there is no dispute regarding the petitioner’s entitlement for Rs.7.80 lakhs towards earned leave and half-pay leaves of the petitioner’s wife, late Smt. K. Padma. Page 4 of 5 SRS,J W.P.No.31486 of 2024 7. Since the bill was uploaded vide CFMS bill No.2024/513391 and the same is pending fund clearance, this writ petition is disposed of at the admission stage, directing learned respondent No.1 to release the amount within eight weeks from today. No costs. Learned Assistant Government Pleader for Services and learned standing counsel shall inform the officials about this order. Miscellaneous petitions pending, if any, shall stand closed. _____________________ SUBBA REDDY SATTI, J Date: 06.01.2025 IKN SRS,J W.P.No.31486 of 2024 88 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.31486 OF 2024 Date: 06.01.2025 IKN