APHC010143772024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY, THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 7486/2024 Between: 1. P LOKANADHAM, S/O LATE P. NAGAIAH, HINDU, AGED ABOUT 64 YEARS R/O D. NO. 8-90/1, ROYAL NAGAR TIRUPATI, TIRUPATI (URBAN), TIRUPATI DISTRICT ...PETITIONER AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF SCHOOL EDUCATION, A.P.SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER OF SCHOOL EDUCATION, , A.P. SRI ANJANEYA TOWERS, ROAD NO. 7-104, BBLOCK, 4TH FLOOR, N.T.T.P.S. ROAD, IBRAHIM PATNAM. AMARAVATHI, VIJAYAWADA. 3. PRINCIPAL ACCOUNTANT GENERAL, (ACCOUNTS AND ENTITLEMENTS), ANDHRA PRADESH, STALIN CENTRAL MALL, D.NO.27-37-158, 6TH AND 7TH FLOORS, M.G.ROAD, GOVERNORPET, VIJAYAWADA 4. THE DISTRICT EDUCATIONAL OFFICER, BLOCK-A, THIRD FLOOR, TIRUPATI ZILLA COLLECTOR BHAVAN, PADMAVATHI NILAYAM, TIRUCHANUR, TIRUPATI 5. DEPUTY DISTRICT EDUCATIONAL OFFICER, NO.6-14-7A, AMBEDKAR COLONY, ALIPIRI RD. SRINIVASA NAGAR, MARRI CHENNA REDDY COLONY, TIRUPATI. Page 2 of 5 SRS,J W.P.No.7486 of 2024 6. THE MANDAL EDUCATIONAL OFFICER, R.C. PURAM MANDAL, TIRUPATI DISTRICT. 7. P VIJAYA, , W/O P. LOKANATHARN R/O D. MO. 18-7-26, KHUDDUS NAGAR, NEAR BAPTIST CHURCH VIJAYAWADA, NTR DISTRICT ...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 or order or direction more particularly one in the nature of Writ of Mandamus declaring the impugned action of the Respondents No.1 to 6 in not releasing the pensionery benefits to the petitioner as illegal, arbitrary, unconstitutional and being violative of articles 14, 21 and 300(A) of the Constitution of India and in violation of rules framed there under and consequently direct the Respondent No.1 to 6 to forthwith release all the pensionery benefits entitled by the petitioner and to pass IA NO: 1 OF 2024 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 No. 1 to 6 to forthwith release all the pensionery benefits entitled by the petitioner and to pass Counsel for the Petitioner: 1. P JAGADISH CHANDRA PRASAD Counsel for the Respondent(S): 1. GP FOR SERVICES III 2. JADA SRAVAN KUMAR The Court made the following: :: ORDER :: The above writ petition is filed complaining the inaction of respondent No.6 in releasing the retirement benefits of the petitioner, as illegal and arbitrary. Page 3 of 5 SRS,J W.P.No.7486 of 2024 2. Heard learned counsel appearing on either side. 3. The petitioner, Secondary Grade Teacher, applied for voluntary retirement and the same was approved by the competent authority on 31.01.2023. The petitioner submitted pension proposals without furnishing proper information. Hence, the Mandal Educational Officer – respondent No.6 issued a notice vide Rc.No.133/VRS/2023, dated 13.09.2023 (Ex.P1). The petitioner submitted an explanation dated 16.09.2023 and thereafter got issued legal notice dated 08.01.2024 (Ex.P3). 4. Learned counsel for the petitioner would submit that the petitioner applied for voluntary retirement and the same was approved by the authority on 31.01.2023. In respect of disputes between the petitioner and respondent No.7, learned counsel would submit that respondent No.7 filed M.C.No.169 of 2003 on the file of the learned Family Court-cum-IV Addl. District & Sessions Court, Vijayawada to grant maintenance to the daughters. He also would submit that the claim of respondent No.7, if any, will come into operation on death, but not during lifetime. 5. Learned counsel appearing for respondent No.7 would submit that name of respondent No.7 was recorded in service register and the name of alleged 2nd wife was not recorded. 6. Thus, as seen from Ex.P1 notice issued by the Mandal Educational Officer, the petitioner submitted pension proposals by furnishing details of family members as per the service records. In the service records, the name of Smt. P. Vijaya – respondent No.7 and two daughters were shown as nominees. 7. The petitioner, while submitting the pension papers, is expected to submit in accordance with the particulars mentioned in the service records. Though the learned counsel for the petitioner would contend that respondent SRS,J W.P.No.7486 of 2024 authorities are not releasing the benefits of voluntary retirement, as seen from Ex.P1, the petitioner did not submit the papers by annexing relevant / proper material. 8. At this juncture, the learned counsel for the petitioner would submit that the petitioner will submit the pension papers afresh to the authority as per the service records by giving all the particulars. 9. Given the facts and circumstances of the case, without touching the merits of the matter, the Writ Petition is disposed of at the stage of admission, with the consent of both the learned counsel, giving liberty to the petitioner to submit a pension proposal afresh to the concerned authority by annexing all the relevant documents. On such submission, respondent No.6 shall take necessary steps strictly as per the Rules. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date : 28.02.2025 TVN SRS,J W.P.No.7486 of 2024 224 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.7486 OF 2024 Date : 28.02.2025 TVN