G. Vijaya Mohan Reddy v. The State Of Telangana,

HON'BLE SRI JUSTI CE A. RAMALI NGESWARA RAO Writ Petition No. 36603 of 2017 Order:

The petitioner was working as District Manager (Seeds) in Warangal Unit of the second respondent. While he was in service, he was kept under suspension by proceedings of the second respondent dated 04.09.2006 and later on he was reinstated. Ultimately, he retired from service on attaining the age of superannuation on 31.01.2015. However, the disciplinary proceedings were not completed at the time of retirement. Ultimately, an order was passed on 05.10.2016 by the second respondent dropping the further action against the petitioner. Consequent to the said order, the period of suspension from 04.09.2006 to 26.06.2008 was treated as 'spent on duty' and it was intimated to him that as on the date of suspension i.e., on 04.09.2006 there was an earned leave of 216 days and half pay leave of 156 days.

It was stated that during the period of suspension of 662 days, half of the pay was paid as subsistence allowance and the amount came to Rs.3,14,819.70 ps. Thereafter, the Manager of the Corporation issued proceedings intimating to the petitioner with regard to sanction of encashment of 300 days of earned leave available at his credit and directed the Manager (Finance) to take necessary action for releasing the leave encashment amount after recovering the dues, if any, pending against him. The petitioner submitted a representation on 06.03.2017 to the second respondent seeking payment of salary for the period of suspension, encashment of 30 days surrender leave and incentive amount withheld for suspension period etc. When the same was not considered, the present Writ Petition is filed.

Petition need not be kept pending and, accordingly, disposed of at the admission stage directing the second respondent to consider the representation of the petitioner dated 06.03.2017 and pass appropriate orders thereon in accordance with law. There shall be no order as to costs.

As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

___________________________ A. RAMALI NGESWARA RAO, J Date: 02.11.2017 Nsr

HON'BLE SRI JUSTI CE A. RAMALI NGESWARA RAO Writ Petition No. 36603 of 2017 Date: 02.11.2017 Nsr