APHC010086992006 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 20085/2006 Between: 1. VABILISETTI NAGA VENKATA RAMA KRISHNANDA KUMAR, S/O SURYANARAYANA MURTHY RETIRED SERVICE, R/O MADDULA VARI STREET, BHIMAVARAM, WEST GODAVARI DISTRICT 1. THE COMMISSIONER OF COLLEGIATE EDN 2 OTHERS, COMPLEX, NAMPALLY, HYDERABAD. 2. THE DANTHALURI NARAYANA RAJU COLLEGE REP BY SECRETARY, BHIMAVARAM, WEST GODAVARI DISTRICT 3. THE ACCOUNTANT GENERAL AE, A.P. HYDERABAD. 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 one in the nature of Writ of Manda not paying the amounts for the 208 days earned Leaves as per the proceedings Rc.No.1876/Admn.IV violation of principles of natural justice and consequently dir respondents to pay the amount for the period of 208 days earned Leaves to the petitioner forthwith herein and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 20085/2006 VABILISETTI NAGA VENKATA RAMA KRISHNANDA KUMAR, S/O SURYANARAYANA MURTHY RETIRED SERVICE, R/O MADDULA VARI STREET, BHIMAVARAM, WEST GODAVARI DISTRICT ...PETITIONER AND THE COMMISSIONER OF COLLEGIATE EDN 2 OTHERS, COMPLEX, HYDERABAD. THE DANTHALURI NARAYANA RAJU COLLEGE REP BY SECRETARY, BHIMAVARAM, WEST GODAVARI DISTRICT THE ACCOUNTANT GENERAL AE, A.P. HYDERABAD. ...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 one Mandamus declaring the action of the respondents in not paying the amounts for the 208 days earned Leaves as per the proceedings Rc.No.1876/Admn.IV-2/2000 dt.07-05-2001 as illegal, arbitrary, violation of principles of natural justice and consequently dir respondents to pay the amount for the period of 208 days earned Leaves to the petitioner forthwith herein and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. IN THE HIGH COURT OF ANDHRA PRADESH [3332] THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI VABILISETTI NAGA VENKATA RAMA KRISHNANDA KUMAR, S/O SURYANARAYANA MURTHY RETIRED SERVICE, R/O MADDULA VARI STREET, BHIMAVARAM, WEST GODAVARI DISTRICT ...PETITIONER THE COMMISSIONER OF COLLEGIATE EDN 2 OTHERS, COMPLEX, THE DANTHALURI NARAYANA RAJU COLLEGE REP BY ...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 one declaring the action of the respondents in not paying the amounts for the 208 days earned Leaves as per the 2001 as illegal, arbitrary, violation of principles of natural justice and consequently direct the respondents to pay the amount for the period of 208 days earned Leaves to the petitioner forthwith herein and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. 2 IA NO: 1 OF 2006(WPMP 25360 OF 2006 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 expedite the hearing of the WP of 2006 by fixing an early date and pass such other order or orders as this Hon'ble Court may deem fit and proper. IA NO: 1 OF 2010(WPMP 24435 OF 2010 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 expedite the hearing of Writ Petition by fixing an early date and pass IA NO: 1 OF 2011(WPMP 30604 OF 2011 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 expedite the hearing of above Writ Petition by fixing an early date 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 to grant leave to file counter affidavit in W.P.No.20085 of 2006 in the interest of justice and may be pleased to pass Counsel for the Petitioner: 1. POLISETTY RADHA KRISHNA Counsel for the Respondent(S): 1. GP FOR EDUCATION 2. GP FOR HIGHER EDUCATION 3. V VENKATARAMANA 3 The Court made the following order: Questioning the action of respondents in not paying the amount for 208 days Earned Leaves as per proceedings in Rc.No.1876/Admn.IV-2/2000 dated 07.05.2001, the present Writ Petition is filed. 2. Heard Sri P.Radha Krishna, learned counsel for the petitioner and learned Assistant Government Pleader for Higher Education appearing for the respondents. 3. Learned counsel for the petitioner, in elaboration to what has been stated in the affidavit, contended that as per the provisions of Provident Fund Rules, the employees, who surrender their earned leaves, are entitled for encashment and the said rules are also applicable to the Private Aided Colleges in the State of Andhra Pradesh. He further contended that the petitioner, who was working under respondent No.2-Private Aided College, had 208 days Earned Leave at the time of retirement and had surrendered the same to the authorities, but the authorities have not paid any amount to the petitioner towards the encashment of the said leave. He further contended that respondent No.1 had issued the impugned proceedings dated 07.05.2001 directing the Private Aided Colleges to call for particulars regarding the surrender of leave salary in respect of the employees retiring from service in order to provide additional budget. Since respondent No.2 is a Private Aided College, the petitioner, therefore, is entitled for encashment of earned leaves. 4 However, he was not paid as per the terms of Provident Fund Rules. Hence, the Writ Petition. 4. On the other hand, learned Government Pleader for Higher Education, while reiterating the contents of the counter affidavit contended that the Government vide G.O.Ms.No.90 Finance (H.R.IV) Department dated 08.06.2018 issued orders extending the benefit of Encashment of Earned Leaves in conjunction with Half Pay Leave at the time of Retirement to teaching and non-teaching staff working in the Aided Junior Colleges/Degree Colleges/Oriental Colleges and also for teaching and non-teaching staff working in PR, Municipality and Aided Schools with effect from 04.05.2010. He further submitted that the petitioner retired from service on 30.04.2001, as such, he is not eligible for Encashment of Earned Leave at the time of his retirement. He further submitted that the petitioner retired from the service in the year 2001 and has filed this Writ Petition after lapse of five years. The Writ Petition is meritless and prayed to dismiss the Writ Petition. 5. Perused the record and considered the submissions made by both the learned counsel. 6. The petitioner is claiming encashment of 208 days Earned Leave which was surrendered at the time of his retirement. Admittedly, the petitioner retired from the service in the year 2001 and the Writ Petition is filed in the year 2006 i.e., after lapse of five years. It is the contention of learned Government Pleader for Higher Education that as per G.O.Ms.No.90 dated 08.06.2018, the 5 Government extended the benefit of encashment of Earned Leave with effect from 04.05.2010, however, since the petitioner retired from service in the year 2001, he is not eligible for the said benefit. 7. Perusal of G.O.Ms.No.90 Finance (HR.IV) Department, dated 08.06.2018 would indicate that the benefit of encashment of Earned Leave extended with effect from 04.05.2010 only. The relevant portion of the said G.O. is extracted hereunder: “8. Government after careful examination of the matter and keeping in view that homogeneous group of employees cannot be discriminated in suppression of the orders issued in G.O third read above (G.O. Ms.No.186, Finance (HR.IV) Department, dated 27.11.2017 hereby order that the orders issued in the reference first read above (G.O.Ms.No.154, Finance (FR.I) Department, dated 04.05.2010) be extended to the teaching and non-teaching staff working in the Aided Junior Colleges/Degree Colleges/Oriental Colleges and also for teaching and non-teaching staff working in PR, Municipality and Aided Schools with effect from 04.05.2010.” 8. As per the said G.O., the petitioner is not entitled for encashment of Earned Leave, as he retired from the service on the A.N of 30.04.2001. Moreover, no reasons have been assigned by the petitioner for the delay in filing the Writ Petition. The petitioner retired from service in the year 2001, whereas the present Writ Petition was filed only in the year 2006. Much water has flown since then and the petitioner has failed to satisfactorily explain the inordinate delay in approaching the Court. 6 9. In view of the above, the Writ Petition is devoid of merits and the same is liable to be dismissed. 10. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any in the Writ Petition, shall stand closed. ___________________________ JUSTICE RAVI CHEEMALAPATI 10.07.2025 MP 7 249 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 20085 of 2006 Dated: 10.07.2025 MP