IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 641 of 2008 Between: M.A. Mannan S/o Late M.A. Qader APSRTC, Mahaboobnagar Depot, r/o H. no. 1-4-101/2, Arab Gally New Town,Mahaboobnagar District. ..... PETITIONER AND The Depot Manager, APSRTC Mahaboobnagar Depot, District, Mahaboobnagar. .....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 a writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondent in nto considering the representation dated 16-10-2006, 26-05-2007 and 01-10-2006 till dated in spite of his retirement on 31-10-2006 on attaining the age of superannuation i.e 58 yeas and the petitioner having sufficient total balance of sick leaves as on the date of his retirement 164 days is as illegal, unjust arbitrary, contrary to law, depriving the petitioner from availing h is sick leave rights on his retirement and directing the respondent to consider the representations without any further delay and pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest of justice. Counsel for the Petitioner:MR.MOHD.GHOUSEUDDIN Counsel for the Respondent No.: SMT.B.G.UMA DEVI The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 641 OF 2008 ORDER: 1. This writ petition has been filed by M.A. Mannan assailing the action of the respondent in not considering his representations dated 16-10-2006, 26-5-2007 and 1-10-2007 for grant of computation of leave for sick period with effect from 6-9-2006 to 7-10-2006. 2. The petitioner retired from service on attaining the age of superannuation. While in service, he availed medical leave from 6-9-2006 to 7-10-2006. He submitted representation dated 26- 5-2007 and thereafter reminder dated 16-10-2006 to the respondent for grant of commuted leave for sick period from 6-9-2006 to 7-10-2006. There being no response from the respondent, he approached this Court invoking jurisdiction under Article 226 of the Constitution of India with a prayer stated supra. 3. Rule nisi came to be issued. Respondent filed counter affidavit. It is stated in the counter affidavit that the petitioner retired from service on 31-10-2006 on attaining the age of superannuation and he availed all the benefits such as Provident Fund, Gratuity, encashment of Earned Leave for 173 days etc. 4. Heard learned counsel appearing for the parties 5. Indisputably all the retirement benefits have been paid to the petitioner, therefore, the petitioner cannot be permitted to espouse his grievance after receiving entire terminal benefits without raising any objections. 6. In that view of the matter, I find that the writ petition is devoid of merits. 7. Accordingly, this writ petition is dismissed. No order as to costs. ______________________________ Justice B. Seshasayana Reddy 30th January, 2009. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 641 OF 2008 30th January, 2009.