IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE y PRESENT I THE HON’BLE DR JUSTICE K. MANMADHA RAO WRIT PETITION NO: 14746 OF 2021 Between: Gada Sainath, S/o.Late Gangaiah, aged about 67 years, Occ; Retired Deputy ° TUDA Plots, R.C. Road, Tirupati - 517501, Chittoor, ...PETITIONER AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary Department of Revenue, Secretariat Buildings, Velagapudi, Amaravathi, Andhra Pradesh. 2. Office of the Chief Commissioner of Land Administration (CCLA) Represented by its Chief Commissioner, Address D No 189 2"“^ Himagna Towers, NTR Marg, LIC Colony, B-Block, Gollapudi, Vijayawada, Andhra Pradesh 521225 Floor ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ, Order or Direction, Particularly one in the nature of Writ of Mandamus the inaction of the respondents considering my representation and deciding my seniority and payment of my full salary amount's withholding of the amount of 25 percent salary. Full amount of HRA from 29.09.2008 till and increments thereon, 25 percent of retirement pensionary benefits and payment of my retirement benefits by fixing my seniority and promotion and all consequential benefits notational promotion/s as illegal, highhanded, arbitrary, contrary to law and violation of the Constitutional Rights guaranteed under Art.14,16,21 may in not of of Constitution of India and Human Rights and consequently direct the respondents to pay all the amounts along with pensionary and all consequential benefits forth with along with interest there on at the rate of 18% PA. lA NO: 1 OF 2021 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 my representations dated 19.04.2021, 21.06.2021 and 12.07.2021. lA 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 allow my Writ Petition No. 14746/2021 forthwith by granting all reliefs claimed forthwith along with an interest of 24% from the date of withholding of my all benefits for which I am entitled. Counsel for the Petitioner : SRI P. SREE RAMULU NAIDU Counsel for the Respondents: GP FOR SERVICES I The Court made the following: ORDER A: APHC010255802021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] THURSDAY .THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 14746/2021 Between: Gada Sainath ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.P SREE RAMULU NAIDU Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following: ORDER This writ petition is filed under Article 226 of the Constitution of India seeking the following relief;- to issue a Writ, Order or Direction, Particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in not considering the representation of the petitioner and deciding his seniority and payment of his full salary amounts withholding of the amount of 25% percent salary, full amount of HRA from 29.09.2008 till and increments thereon, 25% of retirement pensionary benefits 2 and payment of his retirement benefits by fixing his seniority and promotion and all consequential benefits of notional promotion/s as illegal ’’ 2. The case of the petitioner in brief is that the petitioner is a retired employee in the respondents department of State of Andhra Pradesh. He was promoted as Special Deputy Collector on 01.04.1998. While he was working as Special Deputy Collector, Land Acquisition SEZ Unit at Tirupati, he and 5 others were dragged into a trap case on 24.09.2008 and imputed and charge sheeted for the alleged offences under the Prevention of Corruption Act, 1988 by the ACB Tirupati and registered the crime in C.C.No.16 of 2015. The petitioner was suspended by the 1®* respondent on the same day i.e., on 24.09.2008 and 75% of suspension allowance was paid to him and no HRA is paid. He was continued under suspension till June, 2011. As there is no DPC, his suspension orders were revoked in the month of June, 2011. He was retired from the same post on 31.05.2012 on superannuation without effecting any promotions. The Calendar Case No.16 of 2015 has ended in dismissal by acquitting the petitioner on 19.02.2020, therefore, no proceedings are pending against him. It is further submitted that the petitioner has made representations dated 19.04.2021, 21.06.2021 and 12.07.2021 to the respondents informing his acquittal and requesting to release his pensionary benefits and other fringe benefits/ consequential benefits, but till today the respondents have not considered and disposed of his representations. 3 3. Heard the learned counsel appearing for the petitioner and the learned Government Pleader for Services-I appearing for the respondents. 4. During the pendency of the writ petition, the 2 nd respondent issued G.O.Rt.No.819, dated 31.08.2023 wherein, para No.6 of the same reads as under; Government, after careful examination of the orders dated Hon’ble Spl. Judge for APE & ACB 19.02.2020 of cases, SPSR Nellore, hereby drop further action against Sri Gade Sainath, the then Special Deputy Collector, Special Economic Zone, Unit-1, Tirupathi, Chitttoor (now retired) and exonerate him from the criminal charges framed against him, in the matter. 5. In view of the above G.O.Rt.No.819, dated 31.08.2023 are directed to pay full pension and other the respondents retirement benefits due to the petitioner within a period of three (03) months from the date of receipt of a date of acquittal granted by the Criminal Court till the date of actual payment. There shall copy of this order with interest at the rate of 10% from the be no order as to costs. 6. With the above directions, this Writ Petition is allowed. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. //TRUE COPY// SD/- K. TATA RAO DEPUTY .REGISTRY To, SEerfdN OFFICER Rovenue, State of Andhra Pradesh’ ^ Buildings, Velagapudi, Amaravathi, Andhra Cj 2. The Office of the Chief Commissioner of Land Administration (CCLA), Represented by its Chief Commissioner, Address D.No.189, 2' Floor Himagna Towers, NTR Marg, LIC Colony, B-Block, Gollapudi, Vijayawada, Andhra Pradesh 521225. 3. One CC to Sri P. Sree Ramulu Naidu, Advocate [OPUC] 4. Two CCs to GP for Services I, High Court of Andhra Pradesh. [OUT] 5. Three C.D. Copies. Cnr HIGH COURT DATED:09/01/2025 ORDER I 3 I JAN 2025 ^ Current Section ^ ^ WP.No.14746 of 2021 1 ALLOWING THE W.P. WITHOUT COSTS