IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 13728 of 2008 Between: Md.Ibrahim, Staff No.52960, S/o.Ghouse R/o.16B-1-90, Kummarla Street, Tangullamudi, Eeluru, West Godavari. ..... PETITIONER AND 1 The Regional Manager, A.P.S.R.T.C., Eeluru, West Godavari. 2 The Depot Manager, A.P.S.R.T.C., Tadepalligudem, West Godavari District. 3 The Depot Manager, A.P.S.R.T.C., Bhimavaram, West Godavari. .....RESPONDENT(S) 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 to issue a Writ order or direction, particularly Writ of Mandamus directing the respondents to treat the sick period i.e., 9-12-2003 to 23-1- 2004 as Medical Leave and allow the corresponding earned leave for encashment which he is entitled as retirement benefit in the interest of justice and pass such other order or orders. Counsel for the Petitioner:MR.G.RAMACHANDRA REDDY Counsel for the Respondent No.: C.PRAKASH REDDY(SC FOR APSRTC) The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 13728 of 2008 ORDER: The petitioner was in service of A.P.S.R.T.C., till he retired as Traffic Inspector on 31.07.2006. He is said to have fallen sick between 09.12.2003 and 23.01.2004 and applied for medical leave. The grievance of the petitioner is that while working out his retirement benefits, the respondents have treated the said period as earned leave. The petitioner seeks a direction to the respondents to treat the said period as sick leave, in which case, he would have the benefit of encashment of earned leave, in accordance with the relevant regulations. The petitioner claims to have made a representation in this regard. Heard the learned counsel for the petitioner and the learned Standing counsel for the respondents. In case, the petitioner has to his credit the medical leaves, at the relevant point of time, there is no reason why he shall not be extended the benefit of the same for the relevant period, if the absence was found to be on the ground of sickness. The adjustment of that period against earned leaves would naturally result in monetary loss to the petitioner. Therefore, the writ petition is disposed of, directing the respondents to examine the representation of the petitioner, as regards treating the period from 09.12.2003 to 23.01.2004 as medical leave, instead of earned leave, within a period of six (6) weeks from the date of receipt of a copy of this order, and extend the consequential benefits. There shall be no order as to costs. _________ 30.06.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KURR} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 13728 of 2008 Date: 30.06.2008 JSU