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APHC010190922019
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 8218/2019 Between:
MOKKAPATI SREEDHAR, S/O.BHASKAR SARMA, AGED 57 YEARS, OCC POST GRADUATE TEACHER, R/O.D.NO.B-102, SREECHERLA EDEN GREEN APARTMENT, UPAYADHAYA NAGAR, 15TH CROSS ROAD, TIRUPATHI CITY, CHITTOOR DISTRICT.
...PETITIONER AND
1. THE STATE OF AP, REP. BY ITS PRINICIPAL SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT
2. SPECIAL CHIEF SECRETARY FOR SCHOOL EDUCATION AND VICE CHAIRMAN, APREI SOCIETY, GUNTUR, GUNTUR DISTRICT.
3. THE SECRETARY, APREI SOCIETY, 3RD AND 4TH FLOORS, PAMULAPATTI, SIVAIAH COMPLEX, NAIDUPET, MAIN ROAD, KORITAPADU, AMARAVATI, GUNTUR DISTRICT.
4. THE PRINCIPLE, APREI RESIDENCY SCHOOL, PULLIGADDA VIZ AVANIGADDA, KRISHNA DISTRICT.
5. THE DISTRICT AUDIT OFFICER, STATE AUDIT DEPARTMENT, MACHILIPATNAM, KRISHNA DISTRICT.
6. MARGADARSI CHIT FUND PRIVATE LIMITED, REP. BY ITS BRANCH MANAGAR, GUDIVADA BRANCH, GUDIVADA TOWN, KRISHNA DISTRICT,
...RESPONDENT(S): Counsel for the Petitioner:
1. CHALASANI AJAY KUMAR Counsel for the Respondent(S):
1. L V S NAGARAJU (SC FOR APREIS)
2. GP FOR EDUCATION (AP)
3. GP FOR FINANCE PLANNING (AP)
4. P DURGA PRASAD
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The Court made the following:
ORDER:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:
“.... a Writ of Mandamus, declaring the action of the respondents 2 to 4 in not releasing the pensionary benefits in pursuance of the proceedings in Rc.No.2379/131- 1/SP/2018, dated 15-03-2019 of 3rd respondent and proceedings of the 5th respondent No.APREIS/KNA/746/2019, dated 25-03-2019 duly considering the petitioner's representation dated 17-06-2019 made to 4th respondent along with other retirement benefits, as illegal, arbitrary, whimsical, unjust and violative of Articles 14, 19 and 21 of Constitution of India and contrary to Andhra Pradesh Revised Pension Rules, 1980 and in breach of circular memo No.1469/62/Al/PEN.1/2010, Finance (Pen.I) Dept, dated 03-08-2010 of Principal Account General, (A and E), A.P. Hyderabad and consequently direct the respondents 2 to 4. particularly the 4th respondent to release the pension to petitioner forth with duly issuing 1st pension certificate to the petitioner.”
2. When the matter is taken up for hearing, Sri Chalasani Ajay Kumar,
learned counsel for the Petitioner fairly conceded, as mentioned in the counter affidavit, that the 5th Respondent issued authorization orders for release of pensionary benefits to the Petitioner through the Deputy Director, District Treasury Office, Krishna District vide Letter No.APREIS/KNA/746/2019, dated 23.03.2019 as per the sanctioned orders issued by the 3rd Respondent vide Proceedings Rc.No.2379/B1-1/SP/2018, dated 15.03.2019 under intimation to the Petitioner. Learned counsel would further submit that, in that view, no further orders are required in this matter and the petition may be disposed of.
3. Sri Ravi Kumar Ponakampalli, Learned Standing Counsel for Respondent No.3 would submit that the Court may pass appropriate orders.
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4. Record the same, the Writ Petition is disposed of. There shall be no
order as to costs.
As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA
Date:05.03.2025 Dinesh
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HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
W.P.No.8218 of 2019
Dt.05.03.2025
Dinesh