THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.27499 OF 2008 DATED: 24.11.2009 Between: S. Venkata Partha Sarathi … Petitioner And APSRTC, rep. By its Managing Director, Musheerabad, Hyderabad and others. … Respondents THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.27499 OF 2008 ORDER : The petitioner herein is working as Senior Assistant in A.P.S.R.T.C. While he was working as Junior Clerk, he was removed from service and challenging the same he filed W.P.No.8568 of 1983. This Court allowed the said writ petition by order dated 5.3.1983 and pursuant thereto the petitioner was reinstated into service as Junior Assistant and he was also sanctioned increments and back-wages. However he was not granted leave encashment to which he was entitled to from the date of removal to the reinstatement. Subsequently, the petitioner was promoted as Senior Assistant and while working as such he was again removed from service on 3.9.1992. Aggrieved by the same, the petitioner filed I.D.No.230 of 1997 on the file of the Court of Industrial Tribunal-cum- Labour Court, Anantapur. By award dated 26.07.2001, the Labour Court set aside the removal order dated 3.9.1992 and directed reinstatement of the petitioner with continuity of service and other attendant benefits, however denied back-wages. Thereafter the petitioner joined duty on 23.1.2002 and took voluntary retirement from service w.e.f. 15.2.2008. Since he was not extended the benefit of leave encashment for a period of 15 years during which he was out of service, he made a representation on 17.04.2008 and this Court by order dated 10.7.2008 in W.P.No.14695 of 2008 directed the Corporation to dispose of the said representation within a period of 2 months. Pursuant thereto, the impugned order dated 27.11.2008 came to be passed holding that the petitioner was not eligible for leave encashment for the out of service period. Aggrieved by the same, the present writ petition is filed. I have heard the learned counsel for the petitioner as well as the learned Standing Counsel appearing for the Corporation and perused the counter-affidavit filed on behalf of the Corporation and the other material available on record. At the outset, it is to be noticed that an identical question has been decided by this Court in W.P.No.17438 of 2001. The said writ petition was allowed by this Court by order dated 18.03.2002 with a direction to the Corporation to treat the removal period as qualified service for the purpose of payment of gratuity and also earned leave. Though the Corporation preferred an Appeal (W.A.No.1125 of 2002), the same was dismissed by a Division Bench of this Court and even the Special Leave Petition (SLP (C) No.22830 of 2003), preferred before the Supreme Court, was dismissed by order dated 12.12.2003. Having regard to the above orders, the learned counsel for the petitioner states that the petitioner is entitled for the leave encashment for the period during which he was out of service. The fact that the order of this Court in W.P.No.8568 of 1983, dated 5.3.1984 as well as the award passed by the Labour Court in I.D.No.230 of 1997, dated 26.7.2001 have become final is not in dispute. The learned Standing Counsel for the Corporation could not dispute the fact that the issue raised in this writ petition is squarely covered by the order of this Court in W.P.No.17438 of 2001 as upheld by the Division Bench. In the circumstances, following the above said orders, the impugned order dated 27.11.2008 is hereby set aside and the Writ Petition is allowed as prayed for with a direction to the Corporation to calculate the leave encashment to which the petitioner is entitled for the period from 1.2.1978 to 25.4.1984 and 3.9.1992 to 23.1.2002 and release the same within a period of eight (8) weeks from the date of receipt of this order. No costs. ____________ G. ROHINI,J. Dt. 24.11.2009 gbs