APHC010532592014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3457]

(Special Original Jurisdiction)

SATURDAY,THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 13690/2014 Between:

1. T .V.K. RAMALINGESWARA RAO,, SON OF LATE RAMA SWAMY, AGED ABOUT 59 YEARS, RETD.,PRINCIPAL, RESIDENT OF 7-323, SATYANARAYANA COLONY, NEARSAIBABA TEMPLE, ANNAVARAM 533 406, EAST GODAVARI DISTRICT.

2. S YED AHMED MOHIDDIN,, SON OF SYED ASLAR, AGED ABOUT 59 YEARS, RETD., J.L.HINDI, RESIDENT OF H.NO.64-36- I, RATNAMPETA, BESIDE MUNICIPAL COLONY, RAJAHMUNDRY -533

105, EAST GODAVARI DISTRICT.

3. K ANTIPUDI RAMA RAO,, SON OF VENKATARAJU, AGED ABOUT 59 YEARS, RETD., J.L.IN HISTORY, RESIDENT OF D.NO.4-202, G.P.R.STREET, BOMMURU, RAJAHMUNDRY RURAL MANDAL, EAST GODAVARI DISTRICT.

...PETITIONER(S)

AND

1. T HE GOVERNMENT OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, SECONDARY EDUCATION/INTERMEDIATE EDUCATION, SECRETARIAT BUILDINGS, HYDERABAD.

2. T HE COMMISSIONER AND DIRECTOR, INTERMEDIATE EDUCATION, NAMPALLY, HYDERABAD.

3. T HE GOVERNMENT OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, HYDERABAD.

...RESPONDENT(S):

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, direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in extending the benefit of encashment of earned leave and half pay leave at the time of retirement to the aided schools and all other employees of the State ignoring the petitioners claim, as illegal, arbitrary, unjust, discriminatory, in utter violation of principles of natural justice, contrary to the G.O.Ms.No.232 dated 16.09.2005, G.O.Ms.No.154 dated 04.05.2010 and Proceedings dated 26.03.2013 issued by the Commissioner and Director of School Education and also in violation of Articles 14 and 21 of the Constitution of India and consequently direct the respondents to extend the benefit of the earned leave and half pay leaves to the petitioners after the retirement by implementing the G.O.Ms.No.232 dated 16.09.2005. G.O.Ms.No.154 dated 04.05.2010 and Proceedings dated 26.03.2013 issued by the Commissioner and Director of School Education IA NO: 1 OF 2014(WPMP 17116 OF 2014 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 to direct the respondents to consider the case of the petitioners by implementing the G.O.Ms.No.232 dated 16.09.2005, G .0.Ms .No .154 dated 04.05.2010 and Proceedings dated 26.03.2013 issued by the Commissioner and Director of School Education, pending disposal of the above Writ Petition Counsel for the Petitioner(S):

1. V PADMANABHA RAO Counsel for the Respondent(S):

1. GP FOR EDUCATION

2. GP FOR FINANCE PLANNING The Court made the following:

Order:-

The learned counsel appearing for the petitioners submits that the petitioners, who were working as teaching faculty, had attained the age of superannuation. However, the petitioners have not been extended the benefit of G.O.Ms.No.90 and G.O.Ms.No.154.

2. The G.O.Ms.No.90 clarifies that the teaching and non-teaching staff working in aided junior colleges, degree colleges, oriental colleges and also teachers working in the P.R. Municipality and the non-teaching staff working in the P.R. Municipality and aided schools would be entitled to the benefits of G.O.Ms.No.90 with effect from 04.05.2010.

3. The learned counsel appearing for the petitioners submits that the petitioners, having served in aided junior colleges and after having attained the age of superannuation, were denied the benefit of encashment of leaves. The G.O.Ms.No.90 is placed on record and the learned counsel appearing for the petitioners submits that G.O.Ms.No.154 dated 04.05.2010 was issued permitting encashmen