KESA VENKATA PRAKASH MADHAVA RAO v. THE STATE OF ANDHRA PRADESH
WP/6965/2025 · 2025-05-07
Subba Reddy Satti
body2025
DailyLaw.ai
[ 2025 DAILYLAW 11453 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11453 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 6965 OF 2025 Between: Kesa Venkata Prakash Madhava Rao, Son of kesa Ragavulu, aged 59 years Occ. AGP, Resident of 20B-4-24, Nami Veerasalingam Street, 44th Division Kothapeta, Eluru, West Godavari District. ...PETITIONER AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Law Department, Secretariat, Velagapudi, Guntur District. 2. The Chief Commissioner of Land Administration, APIIC Building, Mangalagiri, Guntur District. 3. The District Collector, Eluru District, Eluru, Andhra Pradesh. 4. The State of Andhra Pradesh, Rep by its Principal Secretary, Finance Department, Secretariat, Velagapudi, Guntur District. 5. The Deputy Pay and Accounts Officer, Law Department, Secretariat Branch, Velagapudi, Guntur District. RR 4 and 5 are impleaded as per the Court's Order dt.13.04.2025 in I.A.No.02of2025. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, 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 inaction of the respondents in
w fit not considering the representation submitted by me dated 01.06.2022, 14.09.2022 16.08.2024, 29.04.2024 and 22.02.2025 for the non payment of salary for a period of 31 months i.e., from 01.06.2022 to 01.03.2025, for rendering my service as Assistant Government Pleader for Land Reforms Appellate Tribunal ( LRAT) before the II Additional District Judge Court, Eluru, I was appointed by virtue of GO. Rt. No. 123 by the 1st respondent dated 10.05.2022, since from the date of appointment I have not received a salary for the single month the action of the respondents which is highly illegal, arbitrary, improper and non-application of mind and violation of Principles Of Natural Justice apart from violate of article 14, 16 and 21 of the Constitution of India and consequently direct the respondents to pay the Arrears of Salary to me from 01.06.2022 to 01.03.2025 which is of total period of 31 months.
even lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to consider the representation submitted by me dated 01.06.2022, 14.09.2022, 16.08.2024, 29.04.2024 and 22.02.2025 for the non payment of salary since 01.06.2022 to 01.03.2025 which is of total period of 31 months pending disposal of main Writ Petition. Counsel for the Petitioner: SRI ELURU SESHA MAHESH BABU Counsel for the Respondent No.1: GP FOR LAW LEGISLATIVE AFFAIRS Counsel for the Respondent Nos. 4 & 5: GP FOR FINANCE & PLANNING Counsel for the Respondent Nos.2 &3: GP FOR REVENUE The Court made the following: ORDER
APHC010132732025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY ,THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 6965/2025 Between: ...PETITIONER Kesa Venkata Prakash Madhava Rao AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1.ELURU SESHA MAHESH BABU Counsel for the Respondent(S):
1.GP FOR REVENUE 2.GP FOR LAW LEGISLATIVE AFFAIRS 3.GP FOR FINANCE PLANNING The Court made the following ORDER: Heard Sri Eluru Sesha Mahesh Babu, learned counsel for the petitioner, Sri Srikanth Ambati, learned Government Pleader for Law Department for the respondent, Smt.Naga Chandrika, learned Assistant Government Pleader for Finance for respondents 4 & 5 and learned Assistant Government Pleader for Revenue for the 3'^^ respondent. 2. The above writ petition is filed to declare the inaction of respondents in considering the representations submitted by the petitioner dated 01.06.2022, 14.09.2022, 16.08.2024, 29.04.2024 and 22.02.2025 for non-payment of
2 salary for 31 months i.e. from 01.06.2022 to 01.03.2025, rendering Assistant Government Pleader (AG) for Land Reforms Appellate Tribunal (LRAT) before the II Additional District Judge, Eluru, as illegal and arbitrary. The petitioner was appointed as Assistant Government Pleader for Land Reforms Appellate Tribunal (LRAT) before the II Additional District Judge, Eluru vide G.O.Rt.No.123 dated 10.05.2022. The honorarium is fixed at Rs. 18,000/- per month. The petitioner has not been paid any amount since the date of his appointment i.e. from 10.05.2022 till date, which is for nearly 31 months. The petitioner made representations dated 01.06.2022, 14.09.2022, 6.08.2024, 29.04.2024 and 22.02.2025. With these averments, the above writ petition is filed. service as
3. 4.
Learned Assistant Government Pleader for Revenue submitted instructions of the 3'^'^ respondent — The District Collector, which reads as follows;
“I further submit that, in the reference 2"'' cited (letter dated 03.03.2023), payment proposal has been submitted to the Secretary to government. Legal Affairs, Law Department, A.P. Secretary, Velgapudi, Guntur requesting for necessary orders to release the budget towards the due payment of the Honorarium to the Ex.Assistant Government Pleader (A.G.P) and the present Assistant Government Pleader (A.G.P). I further submit that, in the reference 4'" cited (letter dated 29.04.2023), the Chief Commissioner of Land Administration & Spl. CS. A.P., Mangalagiri, Guntur has informed that, no budget was allotted for the FY 2023-2024 under the Head of account 2056-00-001-00-03-280-287 and further informed that no budget is available for sanction of amounts towards legal fees, hence the budget proposals have been submitted to the Law Department for the release of funds towards the payment of arrears of honorarium to the Ex.Assistant Government Pleader (A.G.P) and the present Assistant Government Pleader (A.G.P). I further submit that, in the reference cited (letter dated 07.10.2024), the Secretary to Government Law Affairs & Justice, Law Affairs & Justice,
'V 3 Law Department has been requested for issue necessary orders for the release of the budget towards the payment of the Honorarium due to the Ex. Assistant Government Pleader (A.G.P) and the present Assistant Government Pleader (A.G.P) and in respect of the petitioners, the amount payable is Rs.3,42,000/-”. Learned Government Pleader would submit that the Government issued G.O.Rt.No.288 Law (G) Department, dated 31.08.2023. As per Clause 10 of the said G.O., the District Collectors shall verify the attendance report submitted by the Law Officers on or before the 7'*^ of every month, and after satisfying themselves, the countersigned bills shall be sent to the Law Department through e-office. After receiving the Pleader's fees bills countersigned by the Administrative Departments, the Law Department shall review the bills received and prefer bills in CFMS for arranging payments to the concerned. The writ petition was listed initially on 20.03.2025.
When the writ petition taken up for hearing on 09.04.2025, learned Assistant Government Pleader for Revenue, on instructions submitted that the attendance certificate and duty certificate submitted by the petitioner have been forwarded to the Law Department through e-office file on 09.04.2025 for taking necessary steps. Thereafter, the respondents 4 and 5 were impleaded on 30.04.2025. Today, when the matter is taken up for consideration, the learned Assistant Government Pleader for Finance submits that the bills are pending for scrutiny at the Pay & Accounts Officer, Law Department. After scrutiny, the same will be forwarded to the Finance Department. 5. 6. was
7. The Secretary to Government, Legal and Legislative Affairs & Justice issued G.O.Rt.No.131, Law (D) Department, dated 16.04.2025, that the net payment payable to the petitioner is Rs.4,69,800/-. Thus, as seen from the above, there is no dispute that the petitioner is entitled to an amount of Rs.4,69,800/- towards honorarium for 31 months i.e. from 01.06.2022 to 01.03.2025. 8. 9. 4 Given the facts and circumstances of the case, the writ petition is
disposed of at the stage of admission, with the consent of learned counsel on either side directing the respondents 4 and 5 to pay an amount of Rs.4,69,800/- towards honorarium for 31 months i.e. from 01.06.2022 to 01.03.2025 to the petitioner within six (6) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.
10. As a sequel, pending miscellaneous petitions, if any, shall stand closed.
Sd/- U.SRS DEV! ASSISTAMT R^SSTRAR //TRUE COPY// SECTI?:WOFFICER To
1. The Principal Secretary, Law Department, Secretariat, Velagapudi, Guntur District.
2. The Chief Commissioner of Land Administration, APIIC Building, Mangalagiri, Guntur District.
3. The District Collector, Eluru District, Eluru, Andhra Pradesh.
4. The Principal Secretary, Finance Department, Secretariat, Velagapudi, Guntur District.
5. The Deputy Pay and Accounts Officer, Law Department, Secretariat Branch, Velagapudi, Guntur District.
6. One CC to Sri Eluru Sesha Mahesh Babu Advocate [OPUC]
7. Two CCs to GP for Law & Legislative Affairs, High Court of Andhra Pradesh. [OUT]
8. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 9 Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh. [OUT]
10. Three CD Copies TF
HIGH COURT DATED:08/05/2025
ORDER WP.No.6965 of 2025 DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION, WITHOUT COSTS