IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE S. ASHOK KUMAR WRIT PETITION NO : 4724 of 2008 Between: 1 The Headmistress, Govt. High School, Kota Dibba, Eluru, West Godavari - 534 00 2 The District Educational Officer, West Godavari, Eluru .....PETITIONERS AND B.R. Veerabhadra Rao, Hindi Pandit, H.No. 23B-4-56, Subhamma Devi High School, Street, Ramachandra Rao Peta, Eluru, West Godavari District - 534 002. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate writ or direction more particularly one in the nature of "Writ of Certiorari" calling for the records relating to and connected with order dt. 09-10-2007 in OA No. 8708/2002 on the file of the Hon'ble APAT., Hyderabad and to quash or set-aside the same by holding as erroeneous and contrary to law. Counsel for the Petitioner:GP FOR SERVICES I Counsel for the Respondent: None appeared The Court made the following : THE HON’BLE Smt. JUSTICE T.MEENA KUMARI AND THE HON’BLE SRI JUSTICE S. ASHOK KUMAR W.P. No. 4724 of 2008 O R D E R: (Per THE HON’BLE Smt. JUSTICE T.MEENA KUMARI) This writ petition is filed against the order dated 9.10.2007 passed by the A.P. Administrative Tribunal in O.A. No. 8708 of 2002. The respondent herein filed O.A. 8708 of 2002 seeking to declare the inaction of the respondents in payment of earned leave encashment amount to him as illegal and arbitrary and further to direct respondent Nos. 1 and 2 therein to pay the earned leave encashment amount along with 12% interest per annum. The Tribunal, having considered the matter, allowed the said O.A. to the extent of leave salary and directed the respondents therein to verify the actual amount paid and see that the amount paid is equivalent to the principal amount payable and the interest. The Tribunal further directed to pay the balance amount, if any, within a period of 12 weeks from the date of receipt of a copy of the order. Feeling aggrieved by the said order passed by the Tribunal, the petitioners filed this writ petition. Heard the learned Government Pleader for Services-I appearing for the petitioners and perused the material available on record. Though the learned Government Pleader tried to convince this Court that the order passed by the Tribunal is erroneous, having perused the material available on record we are convinced that the ground taken by the petitioners to withhold the leave salary of the respondent, as rightly held by the Tribunal, is untenable. It is further to be seen from the record that during the pendency of the O.A., leave salary amount of Rs.19,165/- was paid to the respondent through demand draft dated 1.10.2007. Having regard to the facts and circumstances, the Tribunal rightly thought it fit to allow the O.A. to the extent of leave salary and accordingly directed the respondents to verify whether the amount paid is equivalent to the principal amount payable and the interest and if the amount paid falls short of the amount of principal plus the interest, to pay the same within the stipulated time. Therefore, we do not find any error or legal infirmity in the order passed by the Tribunal warranting interference of this Court. We find no merit in this writ petition. It is accordingly dismissed. T. MEENA KUMARI, J. S. ASHOK KUMAR, J. Date: 24-03-2008. MVB.