G. Ravi Kumar vs The State Of Andhra Pradesh
2024 Latest Caselaw 7657 AP

Andhra Pradesh High Court - Amravati

G. Ravi Kumar vs The State Of Andhra Pradesh on 23 August, 2024

 APHC010304872024
                      IN THE HIGH COURT OF ANDHRA PRADESH
                                    AT AMARAVATI                          [3331]
                             (Special Original Jurisdiction)

                FRIDAY ,THE TWENTY THIRD DAY OF AUGUST
                    TWO THOUSAND AND TWENTY FOUR

                                   PRESENT

          THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

                        WRIT PETITION NO: 15261/2024

Between:

G. Ravi Kumar                                                    ...PETITIONER

                                      AND

The State Of Andhra Pradesh and Others                      ...RESPONDENT(S)

Counsel for the Petitioner:

1. G V SHIVAJI

Counsel for the Respondent(S):

1. GP FOR SERVICES I

The Court made the following ORDER :

This writ petition is filed to declare the action of the respondents in not releasing earned leave encashment amount in terms of G.O.Rt.No.1097 Finance and planning (FW-PEN-1) Department dated 22.06.2000, on the ground of pendency of criminal proceedings, as illegal and arbitrary.

2. The petitioner, on attaining the age of superannuation retired on 31.07.2023, from service as Deputy Executive Engineer. Since the ACB case is pending against the petitioner, he was not allowed to encash earned leave. Hence, the writ petition.

3. Heard Sri G.V. Shivaji, learned counsel for the petitioner, and Smt. Adarshita, learned Junior Counsel appearing for respondents 2 and 3 and learned Assistant Government Pleader for Services, for respondent No.1.

4. At the hearing learned counsel for the petitioner and learned junior counsel for respondents 2 and 3 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 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 months from the date of receipt of a copy of this order.

As a sequel, pending miscellaneous petitions, if any, shall stand closed.

___________________________ JUSTICE SUBBA REDDY SATTI Date : 23.08.2024 ikn

THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

WRIT PETITION NO: 15261/2024

Date : 23.08.2024 ikn