THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON'BLE SRI JUSTICE G.BHAVANI PRASAD W.P.No.8423 of 2010 ORDER: (Per Sri Justice Ghulam Mohammed) This writ petition is filed seeking a writ of certiorari calling for the records relating to the orders dated 16.04.2004, 27.11.2004 and 19.02.2006 and 24.03.2007 passed by respondents 1 to 3 respectively, and the order, dated 13.06.2009 passed in O.A.No.4872 of 2008 by the Andhra Pradesh Administrative Tribunal, Hyderabad (for short ‘the Tribunal’) and for setting aside the same. 2. The brief facts of the case are that the petitioner was appointed as Record Assistant on 15.05.1979 in the office of the first respondent and his services were regularized vide proceedings, dated 28.04.1982. He initially applied for two days Casual Leave in the month of August, 1995 and later, extended the leave from time to time up to 17.08.2000 i.e., 4 years 11 months and 27 days, due to domestic problems and ill health. Thereafter, he joined duty on 18.08.2000 and the first respondent passed order dated 16.04.2004 treating the period of absence of the petitioner from 21.08.1995 to 17.08.2000 as dies-non. Against the said order, he preferred an appeal before the second respondent on 13.10.2004 and the same was rejected vide order, dated 27.11.2004, against which, he filed a review before the third respondent, who in turn also rejected the same vide order, dated 19.12.2006 and issued G.O.Rt.No.402, dated 24.03.2007, ratifying the order, dated 27.11.2004 passed by the second respondent. Challenging all the said orders, the petitioner filed the above said O.A. before the Tribunal and the same was dismissed on 13.06.2009. Aggrieved by the same, the petitioner filed the present writ petition. 3. Heard the learned counsel for the petitioner, the learned Standing Counsel for Municipalities for respondent No.1 and the learned Government Pleader for Services-I for respondents 2 and 3. 4. Learned counsel for the petitioner contended that as per paragraph 4 of the Circular Memo dated 25.12.1991, no member of service shall be granted leave of any kind for a continuous period exceeding five years without specific approval of the Government, but nonetheless, the petitioner absented to duty less than five years and therefore, he is entitled to the pay and allowances for the said period as there is no willful absence on his part. 5. The petitioner reported duty on 18.08.2000, after the respondents publishing in the newspaper with regard to his absence. However, as per Note 1 of F.R.18, willful absence from duty not covered by grant of any leave will be treated as a ‘dies- non’ for all purposes viz., increment, leave and pension. In the light of the same, the contention of the learned counsel for the petitioner that the petitioner is entitled to pay and allowances for the period of his absence cannot be accepted. In view of the concurrent findings of the disciplinary, appellate and revisional authorities and also the order of the Tribunal, this Court cannot interfere with the same under certiorari jurisdiction. Therefore, the order impugned does not warrant any interference by this Court. 6. The Writ Petition fails and is, accordingly, dismissed. No order as to costs. _____________________ GHULAM MOHAMMED,J ____________________ G.BHAVANI PRASAD, J Date:16.04.2010. sj