Dr.D.Krishna Murthy vs The State Of Andhra Pradesh
2023 Latest Caselaw 17 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

MAIN CASE No.: W.P.No.42464 of 2022

                                      PROCEEDING SHEET

Sl.No    DATE                                                                       OFFICE
                                            ORDER

NOTE 01 02.01.2023 NV, J

W.P.No.42464 of 2022

Notice before admission.

Heard learned counsel for the petitioners and learned Government Pleader for Higher Education for the respondents.

Learned counsel for the petitioners submits that the petitioners herein submitted a representation dated 01.09.2021 seeking to implement the encashment of Earned Leave to retired teachers in view of the University Grants Commission regulations, 2018. The relevant portion of the said regulations reads as follows:

"III.Earned leave:

i)Earned leave admissible to a teacher shall be:

a) 1/30th of the actual service, including vacation; plus

b) 1/3rd of the period, if any, during which he/she is required to perform duty during the vacation.

For the purposes of computation of the period of actual service, all periods' of leave except causal, special casual, and duty leave, shall be excluded.

(ii) Earned leave at the credit of a teacher shall not accumulate beyond 300 days. The maximum period of earned leave that may be sanctioned at a time shall not exceed 60 days. Earned leave exceeding 60 days may, however, be sanctioned in the case of higher study, or training, or leave with medical certificate, or when the entire leave, or a portion thereof, is spent outside India. Encashment of earned leave shall be allowed to members of the teaching staff as applicable to the employees of the central Government or State Government."

Learned counsel for the petitioners further placed reliance on the judgment referred in Osmania University Teachers Association (OUTA) rep. by its General Secretary and others v. Union of India rep. by its Cabinet Secretary and others (2002 (4) ALT 682 (D.B.)).

In view of the submissions made, the 1st respondent is directed to dispose of the representation dated 01.09.2022 submitted by the petitioners within a period of eight(08) weeks from the date of receipt of a copy of this order.

Learned counsel for the respondents seeks time for filing counter.

List the matter on 20.02.2022 for filing counter.

Office is directed to print the name of learned Government Pleader for Higher Education in the place of learned Government Pleader for Services-III for the respondents in the cause list.

_________ NV, J BSP