Madapati Venkata Sesha Krishna Surya Prasad Vs The State of Andhra Pradesh

MADAPATI VENKATA SESHA KRISHNA SURYA PRASAD, S/O. M V L NARASIMHA RAO, MALE, AGED ABOUT 63 YEARS OCC RETD. WORK INSPECTOR, APSHCL R/O. D. NO. 1-1, NEAR ANJANEYA SWAMY TEMPLE, SOMAVARAM VILLAGE, NANDIGAMA MANDAL KRISHNA DISTRICT

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REPRESENTED BY PRINCIPAL SECRETARY FINANCE DEPARTMENT, SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATI 522238

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THE DIRECTORATE OF TREASURIES AND ACCOUNTS, IBRAHIMPATNAM, NTR DISTRICT REP. BY ITS DIRECTOR 501506

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THE DISTRICT TREASURY OFFICER, DISTRICT TREASURY OFFICE, KRISHNA DISTRICT 520001

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THE ANDHRA PRADESH CFMS, MANGALAGIRI, GUNTUR DISTRICT REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER-522503

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THE AP STATE HOUSING CORPORATION LTD, NIRMAAN

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BHAVAN, AUTO NAGAR, VIJAYAWADA' REPRESENTED BY ITS MANAGING DIRECTOR 520007

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THE CHIEF GENERAL MANAGER, AP STATE HOUSING CORPORATION LTD. NIRMAAN BHAVAN, AUTO NAGAR, VIJAYAWADA 520007

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THE DISTRICT HEAD HOUSING, AP STATE HOUSING CORPORATION LTD. KRISHNA DISTRICT 520001

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...RESPONDENT(S):

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This Court made the following ORDER:

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This Writ Petition is filed under Article 226 of the Constitution of India by the Petitioners for the following relief:

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“to issue an appropriate Writ, Order or Direction, more particularly a Writ in the nature of MANDAMUS declaring the action of Respondents in non-payment of admitted amount of Rs. 4,82,309/- towards sanctioned 300 days of Earned Eeave as per the proceedings of 5th Respondent in Rc. No. A2/426/2024 Dt. 28.10.2024 as illegal, arbitrary, violative of Article 21 of the Constitution of India, and consequently direct the Respondents to release the admitted amount of Rs. 4,82,309/- along with 9percentage interest towards sanctioned 300 days of Earned Leave to the Petitioner expeditiously or to pass…”

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Heard the learned counsel for the petitioner and the learned Government Pleader appearing for the respondent Nos. 1 to 3 and the learned Standing counsel appearing for the respondent Nos. 5 to 7.

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The present writ petition is filed for non-payment of admitted mount of Rs. 4,82,309/- towards 300 days of earned leave as per the proceedings of Respondent No.5 in Rc. No. A2/426/2024 Dt. 28.10.2024.

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The petitioner herein joined the service of the 5th respondent on 01.03.1987 as a Work Inspector and his services were regularized in the year 1991. The petitioner thereafter retired from service on attaining the age of superannuation in the capacity of Work Inspector, O/o. the Deputy

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Executive Engineer, APSHCL, Nandigama, Krishna District, with effect from 30.04.2023 under the Revised Pay Scales, 2020. As on the date of retirement, the 5th respondent sanctioned leave salary equivalent to 300 days of Earned Leave as per the rates and allowances applicable to the petitioner and issued proceedings in Rc. No. A2/426/2024, dated 28.10.2024, directing the 7^th respondent herein to draw and disburse the surrender leave equivalent to 300 days of Earned Leave amounting to Rs.4,82,309/- immediately. Subsequently, the 7^th respondent herein issued proceedings in Rc. No. 863/A1/2022, dated 02.01.2025, directing the 3rd respondent herein to disburse the said amount immediately. However, despite the issuance of the said proceedings on 28.10.2024 and 02.01.2025, and even after the lapse of one year from the date of issuance of the proceedings, the respondents herein have failed to draw and disburse the said amount in favour of the petitioner. Hence, the present writ petition.

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The learned Standing Counsel for A.P. Housing Corporation, on instructions, submits that the amount claimed by the Petitioner is not in dispute. The bills were also uploaded in CFMS portal and the payment would be made shortly.

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