HON’BLE SRI JUSTICE R.KANTHA RAO Writ Petition No.40631 of 2014 Date: 30-12-2014 Between Gollapudi Subba Rao … Petitioner and APSRTC, Rep. by Depot Manager, Gajuwaka Depot, Visakhapatnam, Visakhapatnam District, A.P.;
and 3 others … Respondents HON’BLE SRI JUSTICE R.KANTHA RAO Writ Petition No.40631 of 2014 Order:
Heard Sri Nuthalapati Krishna Murthy, learned counsel appearing for the petitioner.
2. The petitioner while working as an Assistant Depot Clerk in Gajuwaka Depot, APSRTC, Visakhapatnam, was issued a charge-memo on the allegation of resorting to misconduct of misappropriation and an enquiry was held against him. In consequence thereof, he was removed from service on 29-8-2005 i.e. 16 months ahead of superannuation. The petitioner did not prefer any appeal against the said removal order. Subsequently, he made a request to the Corporation for settling his retiral benefits. Accordingly, the Corporation settled his retiral benefits and paid Provident Fund, Gratuity and other benefits to him except the leave encashment.
3. The learned counsel appearing for the petitioner submits that though the petitioner was removed from service he is entitled for leave encashment.
The petitioner made several representations to the 1st respondent to pay him the amount relating to leave encashment but the same was not replied. Subsequently, the petitioner was however informed that the 1st respondent asked the 2nd respondent to clarify whether the petitioner is entitled for the amount relating to leave encashment by his letter dated 03-8-2007.
The 2nd respondent so far it appears has not given any clarification. The representation of the petitioner made to the 1st respondent dated 10-11-2004 is pending consideration.
4. Under these circumstances, the 1st respondent is directed to consider and dispose of the representation of the petitioner dated 10-11-2014 in accordance with rules and pass appropriate orders thereon within a period of 3 (three) months from the date of receipt of a copy of this order.
5. With the above direction, the writ petition is disposed of at the stage of admission. The miscellaneous petitions, if any, pending in this writ petition shall stand closed. No costs.
R.KANTHA RAO, J.
30th December, 2014. Ak HON’BLE SRI JUSTICE R.KANTHA RAO Writ Petition No.40631 of 2014 30th December, 2014. (Ak)