APHC010651602025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY,THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 34102/2025 Between: B Saikumar, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. K SRINIVASA PRASAD Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 2 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.34102 of 2025 O R DE R: This writ petition is filed to declare the action of the Respondents in not releasing the earned leave encashment amount on the ground of pendency of criminal proceedings as illegal and arbitrary. 2. The Petitioner, on attaining the age of superannuation retired from service on 31.05.2024 as Architectural Draughtsman. Since the ACB case is pending against the Petitioner, he was not allowed to encash earned leave. Hence, the writ petition. 3. Heard learned counsel for the Petitioner and learned Assistant Government Pleader for Services-I. 4. At the hearing, learned counsel for the Petitioner and learned Assistant Government Pleader for Services-I submitted that the issue involved in this writ petition is covered by judgment dated 16.02.2022 passed in W.A.No.196 of 2022. 5. Earlier, a similarly situated Government Servant filed 3 W.P.No.3421 of 2021 to declare the action of the Respondents therein, in not releasing the encashment of earned leave amount and 80% of the retirement gratuity, as illegal and arbitrary. The learned Single Judge, by order, dated 19.03.2021 allowed the said writ petition. Against the order dated 19.03.2021, the State preferred W.A.No.196 of 2022 and the said appeal was partly allowed, confirming the order of the learned Single Judge, regarding leave encashment and setting aside the order in respect of payment of 80% of the retirement gratuity. Thus, the Division Bench upheld the entitlement of the employee in respect of leave encashment. 6. Given the facts and circumstances of the case and in the light of the judgment, dated 16.02.2022, this Writ Petition is allowed directing the Respondents to release the earned leave encashment amount within two (2) months from the date of receipt of a copy of this order. There shall be no order as to costs. 4 As a sequel, pending miscellaneous petitions, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 08.12.2025 eha 5 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 34102/2025 Dt. 08.12.2025 eha