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2025 DAILYLAW 49681 (AP)

T SHANMUKHA RAO v. THE STATE OF AP

WP/33071/2025 · 2025-12-02

Nyapathy Vijay

body2025

Judgment text

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-1- W.P. No.33071 OF 2025 Date of order:03.12.2025 APHC010632342025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY,THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 33071/2025 Between: 1. T SHANMUKHA RAO, S/O LINGARAJU AGED 63 YEARS OCC. RTD. MEO-II R/O 1-182, PEDDAVEEDHI, HIRAMANDALAM SRIKAKULAM ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE ACCOUNTANT GENERAL, GOVERNMENT OF ANDHRA PRADESH, DR.NO.27-37-158, 8TH AND 9TH FLOOR, STALIN TOWER, ADJACENT TO MANORAMA HOTEL, MG ROAD, GOVERNORPETA, VIJAYAWADA, KRISHNA DISTRICT. 4. THE COMMISSIONER OF SCHOOL EDUCATION, SCHOOL EDUCATION DEPARTMENT VENKATADRI TOWERS, MANGALAGIRI GUNTUR. 5. THE DIRECTOR, TREASURIES AND ACCOUNTS DEPARTMENT 1ST FLOOR, NIDHI BHAVAN, BESIDE APIIC BUILDING, IT PARK, MANGALAGIRI GUNTUR -2- W.P. No.33071 OF 2025 Date of order:03.12.2025 6. THE DIRECTOR, STATE AUDIT, NIDHI BHAVAN MANGALAGIRI, GUNTUR DISTRICT 7. THE REGIONAL JOINT DIRECTOR, SCHOOL EDUCATION DEPARTMENT, VISHAKHAPATNAM 8. THE DEPUTY DIRECTOR, DISTRICT TREASURY OFFICE SRIKAKULAM, SRIKAKULAM DISTRICT 9. THE DISTRICT AUDIT OFFICER, DISTRICT AUDIT OFFICE STATE AUDIT, SRIKAKULAM SRIKAKULAM DISTRICT 10. THE SUBTREASURY OFFICER, SUB-TREASURY OFFICE, SRIKAKULAM, SRIKAKULAM DISTRICT 11. THE DISTRICT EDUCATION OFFICER, SRIKAKULAM, SRIKAKULAM DISTRICT 12. THE DEPUTY EDUCATIONAL OFFICER DYEO, TEKKALI, O/O DEPUTY EDUCATIONAL OFFICE TEKKALI, SRIKAKULAM 13. THE ADDITIONAL DIRECTOR, O/O DISTRICT EDUCATION OFFICE SRIKAKULAM, SRIKAKULAM 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 topleased to issue an appropriate order, writ or direction, more particularly one in the nature of Writ of Mandamus, declare the action of the Respondents in not releasing the Petitioners terminal benefits, i.e.. Earned Leave (EL) encashment of Rs. 11,93,872/- and Half Pay Leave (HPL) encashment of Rs. 3,76,329/-, even after more than a year from the date of his retirement on 31.01.2024, as arbitrary, illegal, discriminatory and violative of Articles 14 and 21 of the Constitution of India and consequently direct the respondents to forthwith release the petitioners EL and HPL encashment amounts, together with interest at a rate as may be fixed by this Honble Court, from the date of entitlement till the date of actual payment and pass IA NO: 1 OF 2025 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 pleased to direct the respondents to process the petitioner’s pending EL and -3- W.P. No.33071 OF 2025 Date of order:03.12.2025 HPL encashment bills submitted in June 2024, pending disposal of the above writ petition in the interest of justice and pass Counsel for the Petitioner: 1. PAMARTHY RATHNAKAR Counsel for the Respondent(S): 1. GP FOR SERVICES I 2. GP FOR SERVICES II The Court made the following: -4- W.P. No.33071 OF 2025 Date of order:03.12.2025 THE HON’BLE SRI JUSTICE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.33071 OF 2025 ORDER: 1. The present writ petition is filed by the petitioner aggrieved by the action of the respondents in not releasing his terminal benefits, specifically the earned leave encashment amounting to Rs.11,93,872/- and half pay leave encashment of Rs.3,76,329/-, in spite of his retirement from service on 31.01.2024. 2. The facts of the case are that the petitioner retired as Mandal Educational Officer Grade-II, Heeramandalm, on 31.01.2024. Till now, the encashment of earned leave and half pay leave benefits remains unpaid even after a considerable lapse of time. As such, the present writ petition is filed. 3. Smt.K.Anuradha, the learned Assistant Government Pleader for Services-III, has submitted a copy of the written instructions. In the written instructions it is stated that the Deputy Educational Officer, Tekkali, sanctioned the final earned leave encashment in favour of the petitioner, vide Lr.Rc.No.12/DyEO/2024, dt.10.06.2024. The same was forwarded to the Sub-Treasury Officer, Srikakulam, for payment through the Assistant Director, Drawing and Disbursing Officer, Office of the DEO, Srikakulam. It is further submitted that the payment was approved at the treasury level and is awaiting for fund clearance by the -5- W.P. No.33071 OF 2025 Date of order:03.12.2025 Government. In the instructions, no dispute was raised with respect to half pay leave of the petitioner. The written instructions are placed on record. 4. As there is no dispute regarding the claim of the petitioner, the writ petition is disposed of directing the respondents to release the encashment of earned leave and half pay leave to the petitioner, as per his entitlement, within a period of six weeks from the date of receipt of this order. No costs. 5. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY BV