Andhra Pradesh High Court
WP/30157/2013 of P. Mallikarjuna Reddy, M.Sc. Ph.D., Vs The Government of Andhra Pradesh, on 28 June 2026
reserved for orders : ----------- Date of pronouncement : 29-06-2026 Date of uploading : 09-07-2026 APHC010772682013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] MONDAY, THE 29th DAY OF JUNE 2026 PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT
Date of reserved for orders
: -----------
Date of pronouncement
: 29-06-2026
Date of uploading
: 09-07-2026
APHC010772682013
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
MONDAY, THE 29th DAY OF JUNE 2026
PRESENT
THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN
WRIT PETITION NO: 30157/2013
Between:
1. P. MALLIKARJUNA REDDY, M.SC. PH.D.,, SON OF LATE SRI P.
SANKARA REDDY, AGED 60 YEARS, RETIRED READER IN
PHYSICS,
V.R.
COLLEGE,
NELLORE,
NELLORE
DISTRICT,
RESIDENT OF 16-7-153, II MAIN ROAD, RAMAMURTHY NAGAR, NELLORE - 524 003, NELLORE DISTRICT.
...PETITIONER
AND
1. THE GOVERNMENT OF ANDHRA PRADESH, REPRESENTED BY
ITS
PRINCIPAL
SECRETARY,
HIGHER
EDUCATION
DEPATTRRENT, SECRETARIAT, HYDERABAD.
2. THE
COMMISSIONER
OF
COLLEGIATE
EDUCATION,
GOVERNMENT OF ANDHRA PRADESH, NAMPALLY, HYDERABAD.
3. V R COLLEGE COMMITTEE, REPRESENTED BY ITS SECRETARY
AND CORRESPONDENT, V.R. COLLEGE, NELLORE, NELLORE
DISTRICT.
...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 toto issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in denying the benefit of encashment of 30 days of Surrender Leave, 75 days of Earned Leave, and 225 days of Half Pay Leave to the petitioner at the time of his retirement as being illegal, arbitrary, contrary to law, violative of Articles 14
and 16 of the Constitution of India, and also the Memo of the 1st respondent bearing Memo. 3198/C.E.II.1/2009-6 dated 27.02.2013 as illegal, arbitrary and violative of Articles 14 and 16 of the Constitution of India and consequently, direct the respondents to pay the benefits of encashment of 30 days of Surrender Leave, 75 days of Earned Leave, and 225 days of Half Pay Leave to the petitioner at the time of his retirement and pass.
direct the respondents to forthwith pay the leave encashment benefits i.e. 30
days of Surrender Leave, 75 days of Earned Leave, and 225 days of Half Pay Leave to the petitioner at the time of his retirement, pending disposal of the above writ petition and pass.
permit the Petitioner to file Additional Affidavit and also additional material papers, by treating the same as part and parcel of the original Affidavit filed in support of W.P.No.30157 of 2013 and pass
permit the Petitioner to amend the Main Prayer in W.P. No. 30157 of 2013 as:
"It is therefore prayed that this Hon'ble Court may be pleased to issue a Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in denying the benefit of encashment of 30 days of Surrender Leave, 75 days of Earned Leave, and 225 days of Half Pay Leave to the petitioner at the time of his retirement as being illegal, arbitrary, contrary to law, violative of Articles 14 and 16 of the Constitution of India, and also the Memo of the 1st respondent bearing Memo. 3198/C.E.II.1/2009-6 dated 27.02.2013 as illegal, arbitrary and violative of Articles 14 and 16 of the Constitution of India and consequently,
direct the respondents to pay the benefits of encashment of 30 days of Surrender Leave, 75 days of Earned Leave, and 225 days of Half Pay Leave due to the petitioner at the time of retirement by computing the total amount to be paid to the Petitioner by considering the Dearness and House Rent Allowances (DA & HRA) which are in force as on the day of payment of the benefits to the Petitioner and pass Counsel for the Petitioner:
1. P VENUGOPAL
Counsel for the Respondent(S):
1. GP FOR HIGHER EDUCATION
The Court made the following:
THE HONOURABLE SRI JUSTICE B. KRISHNA MOHAN
WRIT PETITION NO: 30157 of 2013
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ORDER:
There is no representation for the petitioner. On 15.06.2026 also, there is no representation.
2. Heard the learned Assistant Government Pleader appearing for the respondent Nos.1 and 2.
3. The learned Assistant Government Pleader appearing for the respondent Nos.1 and 2 submits that G.O.Ms.No.90, dated 08.06.2018, is applicable to the case of the petitioner herein. The relevant paragraph No.8 of the said G.O., reads as follows:
8. Government after careful examination of the matter and keeping in view that homogeneous group of employees cannot be discriminated, in suppression of the orders issued in GO third read above hereby order that the orders issued in the reference first read above be extended to the teaching and non-teaching staff working in the Aided Junior Colleges / Degree Colleges / Oriental Colleges and also for teaching and non-teaching staff working in PR, Municipality and Aided Schools with effect from 4.05.2010.
4. Accordingly, the benefit given under G.O.Ms.No.154, Finance (FR.I) Department, dated 04.05.2010, is applicable to the case of the petitioner herein. The petitioner has retired from service on attaining the age of superannuation on 31.08.2011. If not extended the said benefit, the above said benefit can be extended to the petitioner and accordingly, appropriate orders shall be passed by the authorities concerned. A copy of the G.O.Ms.No.90, dated 08.06.2018, shall be made as part of the Court record.
5. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.
As a sequel, Interlocutory Applications pending, if any, shall stand closed.
__________________________ JUSTICE B KRISHNA MOHAN
29.06.2026 SCH
Whether the Order is: Speaking ☑ Reasoned
Reportable
Non-reportable ☑
THE HON'BLE SRI JUSTICE B. KRISHNA MOHAN
W.P.No.30157 of 2013
Date: 29.06.2026
SCH