PUPPALA VENKATA KRISHNA RAO v. THE STATE OF ANDHRA PRADESH
WP/7314/2025 · 2025-03-26
Subba Reddy Satti
body2025
DailyLaw.ai
[ 2025 DAILYLAW 12086 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12086 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010141342025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 7314/2025 Between:
1. PUPPALA VENKATA KRISHNA RAO, S/O LATE YETHIRAJULU, AGED 63 YEARS, MALE, OCC ADVOCATE, D NO 3-7-18/1 TEMPLE SQUARE, NARSAPURAM MANDAL, NARSAPURAM
WEST GODAVARI DISTRICT, ANDHRA PRADESH. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT,
SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE STATE OF ANDHRA PRADESH, REP BY ITS SECRETERY, LAW AND LEGISLATIVE DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 3. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT AT BHIMAVARAM. ...RESPONDENT(S): 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 action of the respondents in not paying the pending Honorarium amount entitled by the petitioner being worked as the Assistant Government pleader to a tune of Rs. 6,84,000/- (Rupees Six Lakhs
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and Eighty Four Thousand Only), is illegal, arbitrary and violation of Advocate Fees Rules 1961 and Under Article 14,19 and 21 of the Constitution of India consequently direct the respondents to pay an amount of Rs. 6,84,000/- (Rupees Six Lakhs and Eighty Four Thousand Only) with interest and to pass IA 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 respondent authorities to consider the representation dated 12.10.2023 made by the petitioner, pending disposal of the above writ petition and to pass Counsel for the Petitioner:
1. DASARI S V V S V PRASAD Counsel for the Respondent(S):
1. GP FOR REVENUE
2. GP FOR LAW LEGISLATIVE AFFAIRS The Court made the following:
:: ORDER ::
The above writ petition is filed to declare the action of the respondent authorities in not paying, honorarium amount to the petitioner to the tune of Rs.6,84,000/-, as illegal and arbitrary. 2.
Heard Sri T. Harsha Sai Pavan, learned counsel for the petitioner and Sri Bhagat Singh, learned Government Pleader for Revenue, appeared for respondents 1 & 3, and Sri Srikanth Reddy, learned Government Pleader, appeared for respondent No.2. 3. The petitioner was appointed as the Assistant Government Pleader for the learned Senior and Junior Civil Judges in Narsapur, West Godavari District vide G.O.Rt.No.62 Law (G) Department, dated 20.02.2019 (Ex.P1)
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with a fixed honorarium of Rs.18,000/- per month. After completion of the petitioner’s term, the petitioner seems handed over the charge to the new incumbent in May, 2022. Since the honorarium was not paid, the petitioner filed the above writ petition. 4. Sri Srikanth, learned Government Pleader, appeared for respondent No.2 would submit that the petitioner is entitled to honorarium for 35 months 19 days from 01.03.2019 to 19.02.2022. The total amount payable to the petitioner is Rs.6,42,214/-. After deducting 10% TDS i.e. Rs.64,221/-, the net pay is Rs.5,77,993/-. Respondent No.2, by G.O.Rt.No.310 Law (D) Department, dated 21.08.2024 (Ex.P6), directed to credit the said amount to the CFMS ID of the petitioner. However, the amount was not released from the finance department. 5. Thus, as seen from G.O.Rt.No.310 Law (D) Department, dated 21.08.2024 (Ex.P6), there is no dispute regarding the petitioner’s entitlement to the honorarium from 01.03.2019 to 19.02.2022 to Rs.5,77,993/-. 6. Though the petitioner claims Rs.6,84,000/-, as honorarium, since there is a dispute regarding that amount, this Court is not adjudicating that dispute issue except the admitted claim of the petitioner. A writ petition, in fact, is maintainable regarding undisputed amount. 7. Given the facts and circumstances of the case, the Writ Petition is disposed of, directing the respondent No.2 to ensure payment of Rs.5,77,993/- to the petitioner, within three (03) months, from the date of receipt of a copy of the order. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed.
___________________________ JUSTICE SUBBA REDDY SATTI Date : 26.03.2025 TVN
SRS,J W.P.No.7314 of 2025
144 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION No.7314 OF 2025
Date : 26.03.2025 TVN