APHC010532592014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] SATURDAY,THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 13690/2014 Between: 1. T.V.K. RAMALINGESWARA RAO,, SON OF LATE RAMA SWAMY, AGED ABOUT 59 YEARS, RETD.,PRINCIPAL, RESIDENT OF 7-323, SATYANARAYANA COLONY, NEARSAIBABA TEMPLE, ANNAVARAM 533 406, EAST GODAVARI DISTRICT. 2. SYED AHMED MOHIDDIN,, SON OF SYED ASLAR, AGED ABOUT 59 YEARS, RETD., J.L.HINDI, RESIDENT OF H.NO.64-36- I, RATNAMPETA, BESIDE MUNICIPAL COLONY, RAJAHMUNDRY -533 105, EAST GODAVARI DISTRICT. 3. KANTIPUDI RAMA RAO,, SON OF VENKATARAJU, AGED ABOUT 59 YEARS, RETD., J.L.IN HISTORY, RESIDENT OF D.NO.4-202, G.P.R.STREET, BOMMURU, RAJAHMUNDRY RURAL MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER(S) AND 1. THE GOVERNMENT OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, SECONDARY EDUCATION/INTERMEDIATE EDUCATION, SECRETARIAT BUILDINGS, HYDERABAD. 2. THE COMMISSIONER AND DIRECTOR, INTERMEDIATE EDUCATION, NAMPALLY, HYDERABAD. 3. THE GOVERNMENT OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, 2 SECRETARIAT BUILDINGS, 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 a Writ or order, direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in extending the benefit of encashment of earned leave and half pay leave at the time of retirement to the aided schools and all other employees of the State ignoring the petitioners claim, as illegal, arbitrary, unjust, discriminatory, in utter violation of principles of natural justice, contrary to the G.O.Ms.No.232 dated 16.09.2005, G.O.Ms.No.154 dated 04.05.2010 and Proceedings dated 26.03.2013 issued by the Commissioner and Director of School Education and also in violation of Articles 14 and 21 of the Constitution of India and consequently direct the respondents to extend the benefit of the earned leave and half pay leaves to the petitioners after the retirement by implementing the G.O.Ms.No.232 dated 16.09.2005. G.O.Ms.No.154 dated 04.05.2010 and Proceedings dated 26.03.2013 issued by the Commissioner and Director of School Education IA NO: 1 OF 2014(WPMP 17116 OF 2014 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 direct the respondents to consider the case of the petitioners by implementing the G.O.Ms.No.232 dated 16.09.2005, G .0.Ms .No .154 dated 04.05.2010 and Proceedings dated 26.03.2013 issued by the Commissioner and Director of School Education, pending disposal of the above Writ Petition Counsel for the Petitioner(S): 1. V PADMANABHA RAO Counsel for the Respondent(S): 1. GP FOR EDUCATION 2. GP FOR FINANCE PLANNING The Court made the following: 3 Order:- The learned counsel appearing for the petitioners submits that the petitioners, who were working as teaching faculty, had attained the age of superannuation. However, the petitioners have not been extended the benefit of G.O.Ms.No.90 and G.O.Ms.No.154. 2. The G.O.Ms.No.90 clarifies that the teaching and non-teaching staff working in aided junior colleges, degree colleges, oriental colleges and also teachers working in the P.R. Municipality and the non-teaching staff working in the P.R. Municipality and aided schools would be entitled to the benefits of G.O.Ms.No.90 with effect from 04.05.2010. 3. The learned counsel appearing for the petitioners submits that the petitioners, having served in aided junior colleges and after having attained the age of superannuation, were denied the benefit of encashment of leaves. The G.O.Ms.No.90 is placed on record and the learned counsel appearing for the petitioners submits that G.O.Ms.No.154 dated 04.05.2010 was issued permitting encashment of leave on half pay at the time of retirement of Government employees. The G.O.Ms.No.90 was issued further clarifying the position and the teaching and non-teaching staff working in private aided junior colleges were also extended the same benefit. G.O.Ms.No.35 and G.O.Ms.No.4 are also relevant for consideration of the petitioners’ cases. 4 4. The learned Assistant Government Pleader appearing for the respondents submits that the cases of the petitioners were not considered as they retired before 04.05.2010, which is the cut-off date mentioned in the said G.O. Though the writ petition was filed in the year 2014, no counter has been submitted till date. 5. However, the written instructions submitted by the 2nd respondent are taken on record. The instructions speak contrary to the averments stated in the writ petition. The 1st petitioner attained the age of superannuation on 31.12.2013, the 2nd petitioner attained the age of superannuation on 30.06.2012 and the 3rd petitioner attained the age of superannuation on 09.03.2012. The petitioners have also detailed the Earned Leave entitlement and half pay leave entitlement in Para No.2 of the writ petition. The respondents have fundamentally erred in considering the petitioners as having retired prior to 04.05.2010 and in denying the benefit of the G.Os. referred to in the writ petition. 6. On these considerations, this Court is of the considered view that the respondents would have to re-check the dates of retirement of the petitioners and extend the benefit of G.O.Ms.No.154, 232 and 90 to the petitioners, subject to the petitioners having retired on the dates as mentioned in the writ petition. At any rate, the petitioners shall have to be extended the said benefit within a period of eight (08) weeks from the date of receipt of this order. 5 7. With the above direction, this writ petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 09.03.2026 PNS