KONA RAMA KRISHNA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:

(2.) The petitioner was allowed to retire from service on 30/6/2020 in the category of Divisional Manager, Andhra Pradesh Forest Development Corporation (APFDC), Eluru, during pendency of ACB Case. On 4/1/2020 ACB registered a case against the petitioner filed charge sheet, which is registered as FIR No. 01/RCA-CIU-ACB/2020 and it is pending as on today without any progress.

(3.) The petitioner submitted a representation to the 2nd respondent, dtd. 27/9/2020 requesting to issue suitable directions to the concerned to sanction all terminal benefits of encashment of Earned Leave, Retirement Gratuity, GPF, APFLI etc., as he is in facing financial crisis, but till date no orders have been passed. The Government issued specific instructions for sanction of retirement benefits to the Government servants vide G.O. Rt. No. 1097, dtd. 22/6/2000. The Division Bench of this Court considered the said G.O. and held that in the absence of any recoverable charges, encashment of Earned Leave amount has to be released.