Sri P.V. Naga Sai, Vs the State of Andhra Pradesh

SRI P.V. NAGA S A I,, S/O. P.V. RAMAKRISHNA RAO, AGED ABOUT 49 YEARS, OCC A SSISTANT EXECUTIVE ENGINEE R , FORMERLY WORKED IN R U RAL WATER SUPPLY AND SANITATION DEPARTMENT, P RESENTLY WORKING IN PA N CHAYAT RAJ ENGINEERING D E PARTMENT, O/O. EXSCUTIVE ENGINEER, PR DIVISION, NUZVI D , ELURU DISTRICT - 521201.

¶13

...PETITIONER

¶14

AND

¶15

THE STATE OF ANDHRA PRADESH, REPRESE N TED BY ITS CHIEF SECRETARY TO THE GOVERNMENT, GENERAL ADMINISTRATIV E DEPARTMENT, BLOCK NO.1, A.P. SECRETARIAT, V ELAGAPUDI, GUNTUR DISTRICT- 5 22238.

¶16

THE STATE OF ANDHRA PRADESH, , REPRESENTED BY ITS PINCIPAL SEC R ETARY TO THE GOVERNMEN T , FINANCE DEPARTMENT ( H R-SECTION), BLOCK NO.2, A.P. S ECRETARIAT, VELAGAPUDI, G U NTUR DISTRICT-522238.

¶17

THE STATE OF ANDHRA PRADESH, REPRESE N TED BY ITS PRINCIPAL SEC R ETARY TO THE GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, BLOCK NO.5, A.P. SECRETARI A T, VELAGAPUDI, GUNTUR DISTRICT-522238.

¶18

2

¶19

THE ENGINEERINCHIEF, RURAL WATER SUPPLY AND SANITATION DEPARTMENT, GOVERNMENT OF A.P., C-BLOCK, VASUDHA SHELTER, LIC COLONY, S AIPURAM COLONY ROAD, ONE CENTRE, GOLLAPUDI POST, VIJAYAWADA RURAL-521225.

¶20

THE ENGINEERINCHIEF, PANCHAYAT RAJ ENGINEERING DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, OPPOSITE PWD GROUNDS, M.G. ROAD, VIJAYAWADA -520002.

¶21

THE CHIEF ENGINEER ADMINISTRATION, RURAL WATER SUPPLY AND SANITATION DEPARTMENT, ENC OFFICE, GOVERNMENT OF A.P., C-BLOCK, VASUDHA SHELTER, LIC COLONY, SAIPURAM COLONY ROAD, ONE CENTRE, GOLLAPUDI POST, VIJAYAWADA RURAL-521225.

¶22

THE NONTECHNICAL PERSONAL ASSISTANTLL, TO THE ENGINEER-IN-CHIEF, ZONE-LI, III RURAL WATER SUPPLY AND SANITATION DEPARTMENT, ENC OFFICE, GOVERNMENT OF A.P., C-BLOCK, VASUDHA SHELTER, LIC COLONY, SAIPURAM COLONY ROAD, ONE CENTRE, GOLLAPUDI POST, VIJAYAWADA RURAL-521225.

¶23

THE SUPERINTENDING ENGINEER, RURAL WATER SUPPLY AND SANITATION DEPARTMENT, CIRCLE OFFICE, OPPOSITE PWD GROUNDS, Z.P. COMPOUND, M.G. ROAD, VIJAYAWADA -520002.

¶24

THE JOINT SECRETARY TO THE GOVERNMENT, FINANCE DEPARTMENT (HR-SECTION), BLOCK NO.2, FIRST FLOOR, A.P. SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT-522238.

¶25

THE DISTRICT TREASURY AND ACCOUNTS OFFICER, DISTRICT TREASURY AND ACCOUNTS OFFICE, NTR DISTRICT, 3RD FLOOR, AMC COMPLEX, OPPOSITE SRI JAIHIND COMPLEX, GOVERNORPET, VIJAYAWADA-520002.

¶26

THE DIVISIONAL TREASURY AND ACCOUNTS OFFICER, DIVISIONAL TREASURY AND ACCOUNTS OFFICE, NTR DISTRICT, 2ND FLOOR, AMC COMPLEX, OPPOSITE SRI JAIHIND COMPLEX, GOVERNORPET, VIJAYAWADA-520002.

¶27

THE SUPERINTENDING ENGINEER, PANCHAYAT RAJ CIRCLE, KRISHNA DISTRICT, ZP COMPOUND, MACHILIPATNAM-521002.

¶28

3

¶29

THE ASSISTANT TREASURY OFFICER, DIVISIONAL SUB TREASURY OFFICE, NEAR SUB-JAIL, NUZVID, ELURU DISTRICT521201.

¶30

THE EXECUTIVE ENGINEER PR DIVISION, NUZVID, DOOR NO.2237, DUM DUM GARDENS, NEAR AMERICAN HOSPITAL, NUZVID, ELURU DISTRICT-521201.

¶31

...RESPONDENT(S):

¶32

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(or) Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not paying the salaried of (18) days i.e., from 12-04-2012 to 16-04-2012, from 0310-2012 to 04-10-2012, from 21-10-2012 to 30-10-2012 and on 31-10-2012 (duty attended In RWS and S Circle, Vijayawada) pursuant to the orders passed in Proceedings No. SO.II/RWS and S/3898/2017-2 dated 15-07-2025 passed by the respondent No. 4 and treating (15) days as Earned Leave excluding prefix public holidays in the said proceedings and for the duty period to 31-10-2012 as arbitrary, illegal and violative of Articles 14, 16,21 and 300 (A) of the Constitution of India and consequently direct the respondents to release the earned leave salaries of (17) days i.e., from 12-04-2012 to 1604-2012, from 03-10-2012 to 04-10-2012, from 21-10-2012 to 30-10-2012 and (1) day i.e., on 31-10-2012 for duty period along with the arrears accrued therein along with interest @ 12percent per annum in the interest of justice and to pass such

¶33

IA NO: 1 OF 2026

¶34

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 may be pleased to direct the respondents to consider the representation dated 06-12-2025 in the interest of Justice and to pass such

¶35

Counsel for the Petitioner:

¶36

1.M V PRAVEEN KUMAR

¶37

Counsel for the Respondent(S):

¶38

1.GP FOR SERVICES I

¶39

4

¶40

THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

¶41

WRIT PETITION NO: 18787 OF 2026

¶42

ORDER:-

¶43

The present Writ Petition is filed questioning the action of the Respondents in not paying the salaries of (18) days i.e from 12.04.2012 to 16.04.2012; from 03.10.2012 to 04.10.2012; from 21.10.2012 to 30.10.2012 and on 31.10.2012 (duty attended in RWS & S Circle, Vijayawada) pursuant to the orders passed, vide proceedings dated 15.07.2025 passed by the Respondent No.4 as illegal and arbitrary.

¶44

The Petitioner was appointed as AEE through APPSC during the year 2010 and he was posted to RWS & S Section, Ibrahimpatnam and joined duty on 22.10.2010. While he was working at RWS & S Section, Ibrahimpatnam, the Petitioner had applied leave for the above mentioned periods. As salary for the said period was not paid, the Petitioner gave representation for the same.

¶45

The said issues were considered by the Engineer in-Chief, RWS & S, Vijayawada, vide proceedings No.SO.II/RWS&S/3898/2017, dated 15.07.2025 holding that the Petitioner is entitled for Earned Leave, the relevant portion of the order is extracted hereunder for ready reference:

¶46

“ORDER:

¶47

The following Assistant Executive Engineer of Zone-II, whose services was regularized vide reference 9^th cited, is hereby declared to have satisfactorily completed the prescribed period of probation with effect from the dates noted against the name at Col.(5),

¶48

5

¶49

Under Rule (6) of A.P. Rural Water Supply and Sanitation Engineering Service Rules read with under Rule 18(b)(ii) of A.P. State and Subordinate Service Rules, 1996.

¶50

Sl.No.	Name of the AEE	Date of Commencemen t of probation	Date of passing of Account Test	Date of Declaration of Probation in the cadre of Assistant Executive Engineer	Availed Earned leave
1.	2.	3.	4.	5.	6
1.	Sri Putcha Venkata Naga Sai	11.01.2011 FN	20.12.2011	25.01.2013 AN	1) 12.04.2012 to 16.04.2012 2) 03.10.2012 to 04.10.2012 3) 23.10.2012 to 30.10.2012

¶51

Further, it is to inform that the above individual has availed 15 days of Eared Leave during the probation in various spells, as mentioned in column No.6 of the above table. Consequently, his probation period is extended to 25.01.2013 AN, instead of 10.01.2013 AN.”

¶52

4. As the said order is not implemented, the Writ Petition came to be filed.

¶53

Learned Assistant Government Pleader for Services-I for the Respondents would submit that the order would be implemented as expeditiously as possible.

¶54

Recording the said submissions, the Writ Petition is disposed of, directing the Respondents to implement the orders, vide proceedings No. SO.II/RWS&S/3898/2017, dated 15.07.2025 issued by the Engineer inChief, RWS & S, Vijayawada as expeditiously as possible, preferably within a period of three (03) months from the date of receipt of a copy of this order.

¶55

6

¶56