The Hon’ble Sri Justice D.S.R.Varma Writ Petition No.23487 of 1996 Dated: 19th July,2006 Between: P.Lakshminarayana. ..Petitioner. and 1.The Commissioner of Collegiate Education, Government of Andhra Pradesh, Nampally, Hyderabad, and others. ..Respondents The Hon’ble Sri Justice D.S.R.Varma Writ Petition No. 23487 of 1996 Oral Order:- Heard both sides. Petitioner filed this Writ Petition in the year 1996, seeking a Writ of Mandamus to declare that he is entitled for encashment of earned leave accrued and surrendered at the time of his retirement, i.e., on 30.9.1996 and also to direct the respondents to permit him to encash his earned leave by making necessary payments. A detailed counter-affidavit has been filed on behalf of respondents 1 and 3, inter alia, stating that in and by G.O.Ms.No.208, Finance & Planning (Fin.Wing-Pension-I) Department, dated 16.8.1975, the Government of Andhra Pradesh, have liberarlised the Leave Rules, which are applicable to the persons retiring on superannuation, by permitting the employees to encash the earned leave available to their credit at the time of retirement. But, the said G.O.Ms.No.208, dated 16.8.1975 is applicable only to the employees of the Andhra Pradesh State Government and it is not applicable to the staff working in the private aided colleges. Admittedly, the petitioner worked as a Typist in Noble College, Machilipatnam, which is stated to be a private aided college. He retired from service on attaining the age of superannuation. It is categorically stated in the counter-affidavit that as per the provisions of grant-in-aid, Government provides grant to Private Aided Colleges only to meet regular salaries of the staff, but not for any other purpose, and that the benefit of encashment of earned leave at the time of retirement has not been extended to the staff working in private aided colleges. From the provisions of G.O.Ms.No.208, Finance & Planning (Fin. Wing-Pension-I) Department, dated 16.8.1975, it is clear that the facility of encashment of earned leave at the time of superannuation is available only to the employees of the State Government and the same is not available to the staff working in Private Aided Colleges. Having regard to the facts and circumstances, and having regard to the averments made by respondents 1 and 3 in the counter-affidavit, the petitioner is not entitled to encashment of earned leave available to his credit at the time of his retirement. This writ petition is liable to be dismissed. In the result, this writ petition is dismissed. No costs. ______________ D.S.R.VARMA, J 19-7-2006 svr The Hon’ble Sri Justice D.S.R.Varma Writ Petition No.23487 of 1996 Dated: 19th July,2006