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2025 DAILYLAW 59064 (AP)

SRAVABAN BAKLA KANAKA DURGA v. THE STATE OF AP

WP/36154/2025 · 2025-12-28

Nyapathy Vijay

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010700542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 36154/2025 Between: 1. SRAVABAN BAKLA KANAKA DURGA, W/O. CH. KONDA BABU, FEMALE, AGED ABOUT 63 YEARS, OCC ASSISTANT ENGINEER (RETD.) RIO. D. NO. 13-200, DONKA ROAD TADIGADAPA, PENAMALURU MANDAL, VIJAYAWADA ...PETITIONER AND 1. THE STATE OF AP, REPRESENTED BY PRINCIPAL SECRETARY FINANCE DEPARTMENT, SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATI 2. THE DIRECTORATE OF TREASURIES AND ACCOUNTS, IBRAHIMPATNAM, NTR DISTRICT REP. BY ITS DIRECTOR 3. THE DISTRICT TREASURY OFFICER, DISTRICT TREASURY OFFICE, KRISHNA DISTRICT 4. THE ANDHRA PRADESH CFMS, MANGALAGIRI, GUNTUR DISTRICT REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER 5. THE AP STATE HOUSING CORPORATION LTD, NIRMAAN BHAVAN, AUTO NAGAR, VIJAYAWADA REPRESENTED BY ITS MANAGING DIRECTOR 6. THE CHIEF GENERAL MANAGER, AP STATE HOUSING CORPORATION LTD. NIRMAAN BHAVAN, AUTO NAGAR, VIJAYAWADA 2 7. THE DISTRICT HEAD HOUSING AP STATE HOUSING CORPORATION LTD, KRISHNA 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 to issue an appropriate Writ, Order or Direction, more particularly a Writ in the nature of MANDAMUS declaring the action of Respondents in non-payment of admitted amount of Rs.11,29,626/- towards sanctioned 300 days of Earned Leave as per the proceedings of St Respondent in Procgs.No. A2/2859/2023 Dt. 18.12.2023 as illegal, arbitrary, violative of Article 21 of the Constitution of India, and consequently direct the Respondents to release the admitted amount of Rs. 11,29,626/- along with 9 percent interest towards sanctioned 300 days of Earned Leave to the Petitioner expeditiously or to pass such other order. Counsel for the Petitioner: 1. PEDDIBHOTLA VENKATA SAI RAJESH Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.36154 of 2025 ORDER: 1. The present Writ Petition is filed for non-payment of admitted amount of Rs.11,29,626/- towards 300 days of Earned Leave as per the Proceedings No.A2/2859/2023, dated 18.12.2023, issued by Respondent No.5, as illegal and arbitrary 2. The Petitioner was initially appointed as Work Inspector in Respondent-Corporation on 21.01.1984 and got the services regularized on 13.11.1991. Further, the Petitioner had retired from service on 31.01.2022 on attaining the age of superannuation in the capacity of Assistant Engineer. While so, the Petitioner was not paid Earned Leave of 300 days as on the date of retirement. Respondent No.5 vide Proceedings No.A2/2859/2023, dated 18.12.2023 directed Respondent No.7 to draw and disburse the Surrender Leave equivalent to 300 days of Earned Leave amount immediately and in turn Respondent No.7 vide Proceedings No.863/A1/2022, dated 08.01.2024 directed Respondent No.3 to disburse the said amount to the Petitioner. Despite issuing the Proceedings and even after lapse of two (2) years, the Respondents did not choose to draw and disburse the said amount to the Petitioner. As the admitted amount is not being disbursed, the present Writ Petition is filed. 4 3. Sri K. Mallikarjuna Murthy, learned Standing Counsel for the Andhra Pradesh State Housing Corporation, on instructions, submits that the amount claimed by the Petitioner is not in dispute. The bills were also uploaded in CFMS portal and the payment would be made shortly. 4. In the light of the submissions made, as there is no dispute with regard to the amount claimed by the Petitioner, the Writ Petition is disposed of with the following directions; (i) The Respondents are directed to disburse the admitted amount of Earned Leave to the Petitioner within a period of two (2) months from the date of receipt of a copy of this order; (ii) No order as to costs. 5. As a sequel, miscellaneous petitions pending, if any, shall stand closed. _________________ NYAPATHY VIJAY, J Date: 29.12.2025 IS 5 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.36154 of 2025 Dated: 29.12.2025 IS