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2022 Supreme(AP) 952

K. MANMADHA RAO
Kona Rama Krishna – Appellant
Versus
State of Andhra Pradesh – Respondent


Advocates appeared:
Ramalingeswara Rao Kocharla Kota, Advocate, for the Appellant; GP and Ambati Satyanarayana, SC, for the Respondents

JUDGMENT

Dr. K. Manmadha Rao, J. - This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:

    '.....to issue a Writ, Order or direction more particularly one in the nature of Writ of mandamus declare the action of the respondents in not releasing the Encashment of Earned Leave amounts and 80% Retirement Gratuity on mere pendency of FIR 1/RCA-CIU-ACB/2020, dated 04.01.2020 pending without any progress, contrary to the Rule 52(C) II Proviso of A.P. Revised Pension Rules and also contrary to the existing Rules, G.O. Rt. No. 1097 Finance and Planning (FW Pen.I) Department, dated 22.06.2000 as illegal, arbitrary, discriminatory, consequently direct the respondents to release Encashment of Earned Leave, along with 80% of Retirement Gratuity of the petitioner, pending FIR 1/RCA-CIU-ACB/2020, dated 04.01.2020 in terms of Similar Orders passed in W.P. No. 2545 of 2020, dated 24.02.2020 and W.P. No. 3421 of 2021, dated 19.03.2021 and Division Bench Orders passed in W.P. No. 30443 of 2016, dated 14.02.2017 and pass such other orders....'

    2. The petitioner was allowed to retire from service on 30.06.2020 in the category of Divisional Manager, Andhra

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