HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.8494 of 2010 Dated: 31-05-2010 Between: K. Ramalingeswara Rao. … Petitioner And The State of Andhra Pradesh, rep. by its Project Director, Water Management Agency & Additonal Project Coordinator, National Rural Employment Guarantee Scheme (NREGS), Kakinada & another. … Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.8494 of 2010 ORDER: In this writ petition, the petitioner, who is a Technical Officer, working in National Rural Employment Guarantee Scheme, seeks directions by way of Mandamus, declaring the action of respondents in not paying salary for the period from 13.05.2009 to 05.10.2009, as illegal and arbitrary. It is the case of the petitioner that he was appointed as a Technical Officer after due process of selection and joined duty on 23.07.2007 in the National Rural Employment Guarantee Scheme. It is stated that he was deployed from Atreyapuram Mandal to Rampachodavaram Mandal and he joined there on 08.03.2009. While he was working as such, he fell sick due to jaundice and hence, he applied for leave initially from 13.05.2009 to 14.07.2009, and thereafter, he also sought for extension of leave up to 05.10.2009. It is submitted that though the petitioner was entitled for leave for the said period with full salary, respondents have not considered the request of petitioner inspite of making a representation, and have not paid him the salary for the above said period. Though it is argued by the learned counsel for petitioner that the leave was sanctioned, no material is placed before this Court to show that leave was sanctioned for the period from 13.05.2009 to 05.10.2009. Further, the copy of the representation alleged to have been filed by the petitioner for grant of salary for the aforesaid period, is also not placed on record. As per the terms and conditions of service, whether the petitioner is eligible for such leave from 13.05.2009 to 05.10.2009 with salary or not, and whether such leave was sanctioned or not, is a matter to be considered by the competent authority. In the absence of any proof for sanction of leave and in the absence of placing on record the copy of representation filed by the petitioner for grant of salary for the aforesaid period, I deem it appropriate to dispose of the writ petition, permitting the petitioner to make a fresh representation within a period of four weeks from today, before the Project Director, DWMA & Additional DPC, NREGS-AP, East Godavari, Kakinada, claiming salary for the period from 13.05.2009 to 05.10.2009. If any such representation is filed within the stipulated time, the said authority shall look into the matter and take an independent decision as to whether the petitioner is entitled for leave and salary for the above said period or not, and communicate the decision taken thereon, to the petitioner. If it is found that the petitioner is entitled for leave for the above said period and is entitled for salary, steps shall be taken for payment of salary as expeditiously as possible, preferably within a period of six weeks from the date of receipt of representation from the petitioner. It is also made clear that if the petitioner is not entitled for any leave for the above said period, reasons may be communicated to him. Subject to the above directions, the writ petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 31st May 2010 Note: Furnish C.C. in three days. (b/o) ajr