IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SIXTH DAY OF JULY TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE G. BIKSHAPATHY and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 4765 of 2004 Between: 1 K.V.Chalama Reddy son of late Mahanandi Reddy Grade I , Telugu Pandit, Venkat Rao Memorial High School Fully Government Aided School, Laltarywaza, Hyderabad 2 G.Venkateshwarlu son of G.ch. Kondnaiah S.G.B.T. Teacher, Venkat Rao Memorial Aided School (Fully Government Aided School) , Laldaraza, Hyderabad 3 H.Usha D/o Late B.P.Saxena, Venkat Rao Memorial High School Fully Government Aided School Laldarwaza, Hyderabad 4 Sugana Devi D/o Laxmaiah Venkat Rao Memorial High School Fully Government Aided School Laldarwaza, Hyderabad 5 B.Sham Sundez Sharma son of B.Narayane Des Venkat Rao Memorial High School Fully Government Aided School Laldarwaza, Hyderabad 6 M.Buchi Reddy son of Hamireddy Venkat Rao Memorial High School Fully Government Aided School Laldarwaza, Hyderabad 7 P.V.S.R. Manikysmba D/o P.Narasimha Sestry Venkat Rao Memorial High School Fully Government Aided School Laldarwaza, Hyderabad 8 Indira D/o of Shivaji Rao Venkat Rao Memorial High School Fully Government Aided School Laldarwaza, Hyderabad 9 C.Mysaiah son of Pochaiah Venkat Rao Memorial High School Fully Government Aided School Laldarwaza, Hyderabad 10 S.Balamani D/o S.Papaiah Venkat Rao Memorial High School Fully Government Aided School Laldarwaza, Hyderabad 11 B.Satyanarayana Reddy son of B.Venkat Reddy Venkat Rao Memorial High School Fully Government Aided School Laldarwaza, Hyderabad 12 P.Lakshama D/o P.Narayanareddy Venkat Rao Memorial High School Fully Government Aided School Laldarwaza, Hyderabad 13 P.Indira D/o P.J.R.Swamy Venkat Rao Memorial High School Fully Government Aided School Laldarwaza, Hyderabad 14 B.Amitha D/o late B.Satya Narayanareddy Venkat Rao Memorial High School Fully Government Aided School Laldarwaza, Hyderabad 15 T.Arjun Singh son of T.Balaram Singh Venkat Rao Memorial High School Fully Government Aided School Laldarwaza, Hyderabad 16 V.Narahari Rao son of late V.enkateswarao Venkat Rao Memorial High School Fully Government Aided School Laldarwaza, Hyderabad 17 S.Jangareddy son of S.Chandrareddy Venkat Rao Memorial High School Fully Government Aided School Laldarwaza, Hyderabad 18 M.Kullyappn son of M.Gengarna Venkat Rao Memorial High School Fully Government Aided School Laldarwaza, Hyderabad 19 K.Konda Reddy son of K.Ramreddy Venkat Rao Memorial High School Fully Government Aided School Laldarwaza, Hyderabad 20 G.Venka Reddy son of G.Paryathreddy Venkat Rao Memorial High School Fully Government Aided School Laldarwaza, Hyderabad 21 Kasturi V. D/o V.V.K.Rangarao Venkat Rao Memorial High School Fully Government Aided School Laldarwaza, Hyderabad 22 S.Sugunda D/o G.Sri Ram Pandit, wife of S.Srinvasrao Girls High School Fully Government Aided School Sarada Vidyalayam, Shamsheerugunj, Hyderabad 23 K.Vijaykumari D/o K.Ramachandrarao S.P.G.Girish High School Fully Government Aided School Shamsheer Gunj, Hyderabad 24 S.Prameels D/o Narayanaswamy S.P.G.Girls High School Shamsheer Gunj Hyderabad ..... PETITIONERS AND 1 Prl. Secretary , End.Dept., Govt of AP Secretariat, Hyderabad 2 The Director and Commissioner of Collegiate Education, AP., Hyderabad 3 Director& Commissioner of School Education AP,. Hyderabad 4 The Audit Officer , Local Funds(Pay &Account) Hyderabad .....RESPONDENTS 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 or order or direction particularly one in the nature of Writ of Mandamus declaring the action of the respondent in not preserving and paying to the petitioners the earned leave amount for 30 days for preventing the petitioners from availing the summer vacations of 1991 due to the election duty, by extending the benefit of the judgment dt. 30/08/99 in OA.No. 5428/1996 and batch of the AP Administrative Tribunal, Hyderabad as illegal arbitrary unwarranted and consequently direct the respondents to immediately pay said earned leave amount to the petitioners, and pass such other order or orders as are deem fit and proper in the interest of justice. Counsel for the Petitioners: MR.M.KULLAYAPPA Counsel for the Respondents: GP FOR EDUCATION The Court Made the Following: THE HON’BLE SRI JUSTICE G.BIKSHAPATHY AND THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO.4765 OF 2004 ORDER: (per the Hon’ble Sri justice G.Bikshapathy) This writ petition is filed seeking writ of Mandamus declaring the action of the respondents in not preserving and paying the petitioners the earned leave for 30 days for preventing the petitioners from availing the summer vacation of 1991 due to the election duty, by extending the benefit of the Judgment dated 30.08.1999 in O.A.Nos.5428 of 1996 and batch as illegal. 2. The petitioners are the teachers in a Government aided school. Their grievance is that they worked in election duty during summer vacation 1991 and therefore they are entitled for the earned leave amount for 30 days as was granted by the Tribunal in other O.A.Nos.5428 of 1996 and batch. This Court has taken objection as to the maintainability of the writ petition in view of the laches on the part of the petitioners. 3. Even though the delay has not been explained in the affidavit, in any manner, yet, the learned counsel for the petitioner would submit that when the order of the Tribunal has benefited the Government employees in respect of the same relief, this Court ought to grant the same relief to the petitioners to approach this Court under Article 226 of the Constitution of India. Mere delay on the part of the petitioner would not disentitle them for their rightful claim. Therefore, he submits that the petitioners are entitled for similar relief despite there is delay in approaching this Court. 4. We are afraid we cannot accept the said contention. Admittedly, the relief which was sought relates to the period of May, 1991. The petitioners have kept quiet for 13 long years without approaching this Court. This Court cannot grant any relief to a person who is not vigilant on the principle of vigilantibus non dornientibus jura subventiunt. 5. Under those circumstances, we find that the writ petition is liable to be dismissed on the ground of laches. 6. Accordingly, the writ petition is dismissed. No costs. _____________________ G. BIKSHAPATHY, J 06TH JULY, 2004. ______________________ B.SESHASAYANA REDDY, J YCR ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER Copy to: 1 Prl. Secretary , End.Dept.,Govt of AP Secretariat, Hyderabad 2 The Director and Commissioner of Collegiate Education, AP., Hyderabad 3 Director& Commissioner of School Education , AP,. Hyderabad 4 The Audit Officer , Local Funds(Pay &Account), Hyderabad 5. 2 CCs to GP for Education, High Court Bldgs, Hyderabad (OUT). 6. 2 C.D copies.