WP/28793/2019 of M. Rayappa Vs The TS Khadhi and Village Industries Board on 29 December 2023

ORDER:

The writ petition is filed seeking the following relief:

".....to issue writ, order or direction more particularlyone in the nature of writ of 'Mandamus' declaring theaction of the l"t respondent in not considering therepresentations of the petitioner dated 11.11.2019,27.11.2019 and 02.12.2019 for release of interest onthe delayed payment of encashmen[ of Earned lraveamount and not releasing the interest as illegal,arbitrary, unjust, discriminatory, unreasonable andcontrary to Art. 14 of the Constitution of India andconsequently direct the 1"t respondent to consider therepresentations of the petitioner I 1.11.2019,27.11.2019 and 02.12.2O 19 and release Lhe interest onthe delayed payment of encashrnent of Earned l,eaveamount @l8o/o per annum in the interest of [justice ]andpass such other order or orders may deem fit andproper in the circumstances of the case ."

2. The brief facts of the case are as follows:

appointed as Junior Inspector onJunior Inspector onInspector on on The petitionerwasappointed as Junior Inspector onJunior Inspector onInspector on on28.07.1986 and worked at Nizamabad District and [thereaJter,]was transferred to Karirrnagar District. He was placed undersuspension from 2013 to 2015. Later, his suspension was xw RRN,J

revoked and he was appointed as Deputy Director and Principalof the Kadhi Gramodyog Maha Vidyalaya, Rajenderanagar,Hyderabad. He later worked as Joint Director in the ofhce of TSKhadi Village Industries Board. The petitioner retired fromservice on 31.03.2019 on attaining the age of superannuationVide G.O.Rt.No.1097, Finance and Planning (FW.Pen.l)Department, dated 22.06.2000, the petitioner is entitled forsanction and release o[ encashment of Earned Leave aldtherefore, the petitioner submitted representations to therespondents on 18.O4.2019 and 28.O4.2019. But, therespondents have not passed any orders on the saidrepresentation. Therefore, the petitioner filed W.P.No.L6222 ot2019 before this Court seeking a direction to the respondents tosanction and release the Earned- Leave Encashment videG.O.Rt.No. 1097, dated 22.06.2OOO. This Court [rride ]order dated2O.O8.2O19 disposed of the said writ petition by directing therespondents to consider the representations submitted by thepetitioner on 18.04.2019 and 28.O4.2OI9 and pass appropriateorders in accordance with G.O.Rt.No. 1097, [dated ]22.06.2OOO.

RRN,J

W.P.No.28793 of 2019

After disposal of the said Writ Petition, the respondent authorities have released the Earned Leave amount, but [the]interest was not paid for the period of delay. To that extent, thepetitioner made a representation on 02.12.2OI9 seeking releaseof interest on the delayed payment of Earned [Leave ]amountBut, so far, the respondents have not passed any orders on thesaid representation.

Therefore, learned counsel appearing for the a petitioner submits that appropriate orders be passed in theWrit Petition directing the respondents to consider therepresentatiqn submitted by the petitioner on 02.12.2019 an'dpass appropriate orders in accordance with law.

Learned counsel appearing for the l"t respondent submits that the l [st ]respondent in his counter affidavit [had]contended that the petitioner in his earlier representationsdated i8.04.2019 and 27.08.2019 had not mentioned anythingabout the interest portion and did not make any claim to thateffect and as such, the petitioner is not entitled for [interest.]

I,

Therefore, there are no merits in the writ petition and the sameis liable to be dismissed.

This Court, having considered the riva_I submissions made by the learned counsels for respective parties, is of theview that this writ petition can be disposed of directing therespondents to consider the representation submitted by thepetitioner on 02.12.2079 and pass appropriate orders inaccordance with law within a period of eight weeks from thedate of receipt of a copy of this order.accordance with law within a period of eight weeks from thedate of receipt of a copy of this order.

6Accordingly, this writ petition is disposed of. Thereshall be no order as to costs.shall be no order as to costs.

7. As a sequel, miscellaneous applications pending, if any, in this Writ Petition, shall stand closed.

SD/-A.V.S, PRA ADASSISTANT REGISRSECTION OFFICER

//TRUE COPY//

To,1. Ttre Joint Chief Executive Officer The Ttre Joint Chief Executive Officer The Joint Chief Executive Officer The Chief Executive Officer The TS Khadhi and Village lndustriesBoard, Humayun Nagar, Hyderabad.1. Ttre Joint Chief Executive Officer The Ttre Joint Chief Executive Officer The Joint Chief Executive Officer The Chief Executive Officer The TS Khadhi and Village lndustriesBoard, Humayun Nagar, Hyderabad.

1. Ttre Joint Chief Executive Officer The Ttre Joint Chief Executive Officer The Joint Chief Executive Officer The Chief Executive Officer The TS Khadhi and Village lndustries

2. The Principal Secretary The State of Telangana, lndustries and CommerceDepartment Secretariat, Hyderabad.Department Secretariat, Hyderabad.

3. One CC to Sri D. Ramakrishna, Advocate IOPUC]

IOPUC]4. One CC to Sri Pratap Reddy Vennavelli, Advocate [OPUC]

5. Two CD Copies

TJLS .,/^ .{[-.-{F]

HIGH COURT

C C TODAY

DATED:2911212023

ORDER

WP.No.28793 [of ][2019]

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DISPOSING [OF THE ][WRIT ][PETITION]WITHOUT [COSTS.]