IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION No.18774 of 2004 Between: B.V.Ramanamurthy S/o Late Gowri Bhukta R/o.Hudco Colony, Srikakulam Town, Srikakulam District, ..... PETITIONER AND 1 The Depot Manger, APSRTC, Srikakulam Depot-I, Srikakulam District. 2 Regional Manger, APSRTC, Srikakulam District .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus, declaring the proceedings No.P2/430(1)/2004-SKLM-1, dt. 19/07/2004, of the 1st respondent without notice as illegal, arbitrary, unjustified, unsustainable and violative principles of natural justice, and direct the respondents not recover the amount of Rs.18,986/- from the salary of the petitioner. Counsel for the Petitioner: MR.A.RAMA RAO Counsel for the Respondents: MR.C.APPAIAH SARMA The Court made the following: THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.18774 OF 2004 ORDER: Heard both the counsel. This writ petition is filed questioning the impugned order, dated 19.07.2004, passed by the 1st respondent ordering recovery of Rs.18,986/- from the petitioner towards salary for the earned leave period availed by him in excess to his eligibility. While admitting the writ petition on 13.10.2004, this Court, by order in W.P.M.P.No.24699 of 2004, granted interim suspension of the impugned order until further orders. Now, a detailed counter-affidavit has been filed on behalf of the respondents, wherein, at paragraph 4, it is stated that in pursuance of the interim orders of this Court, dated 13.10.2004, passed in W.P.M.P.No.24699 of 2004, recovery has been stopped and again the leave cards were sent to the Accounts Officer, Srikakulam for re-verification together with musters and salary bills, and the Accounts Officer has certified that, as on 16.07.2004, the petitioner has availed only 5 days of earned leave in excess to his eligibility and for the said 5 days, amount shall be recovered. Accordingly, an amount of Rs.1,693/- was adjusted for the said period from the amount so far recovered from the petitioner and an amount of Rs.307/- was refunded to him, vide Pay Order No.90934 dated 18.11.2004. In view of the above, nothing survives in this writ petition for further adjudication and the same is liable to be closed. Accordingly, the writ petition is closed. No order as to costs. _________________ JUSTICE C.V. RAMULU 28th March, 2008. IBL To 1 The Depot Manger, APSRTC, Srikakulam Depot-I, Srikakulam District. 2 The Regional Manger, APSRTC, Srikakulam District 3 Two CCS to 4 Two CD Copies