? APHC010321592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) o I FRIDAY,THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 16325 OF 2025 •i:-. y/ Between; D. R. K. V. Prasad, S/o. Late Sreeramulu, Age 60 years. Working as Gr.-ll Executive Officer Gandhinagar-ll Kurnool. Now under suspension, R/o. H.No.87/1109432, ...PETITIONER AND 1. The State of Andhra Pradesh Revenue (Endowments) Dept., Velagapudi, Amaravathi. 2. The Commissioner of Endowments, Gollapudi, Vijayawada District 3. The Deputy Commissioner, Endowments, Kurnool 4. The District Endowments Officer, Endowments Department Nandyal Nandyala District rep. by its Principal Secretary to Govt., Andhra Pradesh Secretariat, NTR ...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 in the nature of Writ of Mandamus declaring the action of the respondents in continuing the petitioner under suspension by orders of the 2'"^ respondent in Rc.No.V3/COE- f 0026/35/2024-2 dt. 18.10.2024 illegal, arbitrary and violates Article 14, 16 and 21 of Constitution of India and consequently declare that the petitioner is entitled for continuing in service with all enhanced subsistence allowances with interest @ 12% p.a. 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 issue Interim Direction suspending the operation of the orders passed by the 2"^^ respondent in Rc.No.V3/COE- 0026/35/2024-2 dt.18.10.2024 pending disposal of the Writ Petition. lA NO: 2 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 issue Interim Direction directing the respondents to forthwith release and the subsistence allowances to the petitioner from date of his orders passed by the respondent in Rc.No.V3/COE 0026/35/2024-2 dt. 18.10.2024 duly considering the representation of the petitioner dt.4.6.2025 pending disposal of the Writ Petition. Counsel for the Petitioner: SRI P. V. RAMANA Counsel for the Respondent Nos.1 to 4: GP FOR SERVICES-I The Court made the following order; without paying subsistence allowances as pay suspension APHC010321592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] FRIDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 16325/2025 Between: 1.D R K V PRASAD, S/0. LATE SREERAMULU YEARS, WORKING AS GR.-LL EXECUTIVE OFFICER NOW UNDER GANDHINAGAR-LL KURNOOL . AGE 60 SUSPENSION, R/0. H.NO.87/1109432, ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVT. REVENUE (ENDOWMENTS) DEPT ANDHRA PRADESH SECRETARIAT VELAGAPUDI, AMARAVATHI. COMMISSIONER ENDOWMENTS, 2.THE GOLLAPUDI,VIJAYAWADA.NTR DISTRICT OF 3.THE DEPUTY COMMISSIONER, ENDOWMENTS, KURNOOL 4.THE DISTRICT ENDOWMENTS OFFICER, ENDOWMENTS DEPARTMENT NANDYAL, NANDYALA 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 pleased to issue a Writ, order or direction more in the nature of Writ of Mandamus declaring the action of the respondents in continuing the petitioner under suspension by orders of the 2"'^ respondent in Rc.No.V3/COE- 2 % HCGRJ W.P.No.16325 of 2025 % subsistence 0026/35/2024-2 dt. 18.10.2024 without paying ailowances as illegal, arbitrary and violates Article 14, 16 and 21 of Constitution of India and consequently declare that the petitioner is entitled for continuing in service with all enhanced subsistence allowances with interest @ 12 percent p.a. and to pass 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 issue Interim Direction suspending the operation of the orders passed by the 2nd respondent in Rc.No.V3/COE-0026/35/2024-2 dt. 18.10.2024 pending disposal of the Writ Petition and to pass lA NO: 2 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 Pleased to issue Interim Direction directing the respondents to forthwith release and pay subsistence ailowances to the petitioner from date of suspension orders passed by the 2nd respondentJn Rc.No.V3/COE 0026/35/2024-2 dt. 18.10.2024 duly considering the representation of the petitioner dt.4.6.2025 pending disposal of the Writ Petition and to pass Counsel for the Petitioner: 1.P VRAMANA Counsel for the Respondent(S): 1.GP FOR SERVICES II the his 3 HCGRJ W.P.No.16325 of2025 Ih.e Court made the follnwin^ Petitioner while working been placed under suspension by proceedings dated 18.10.2024, pending initiation of disciplinary proceedings. He has been sanctioned to pay subsistence allowance during the period of suspension in terms of Rule 53 of the Fundamental Rules. Later, petitioner has been issued charge memo vide proceedings in Rc.No.V3/COE-20026/35/2024-1, dated 18.10.2024, setting out five charges. Petitioner stated to have submitted statement of defence refuting charges therein and the inquiry is pending as of now. Though by suspension proceedings, the petitioner has been directed to be paid subsistence allowance, on account of attachment of his regular salary account in relation to crime registered, the same is stated to be not credited. Thereby, he is deprived of subsistence allowance. Petitioner, later made representation dated 06.06.2025, to the 4*^ respondent providing alternative account for crediting subsistence allowance. Executive Officer Grade-11, has as 2. Heard Sri P.V.Ramana, learned counsel for petitioner and learned Assistant Government Pleader for Services-I for respondents. 3. Learned counsel for the petitioner submits petitioner is entitled for subsistence allowance in terms of Rule 53 of the Fundamental p % 4 HCGR,J W.P.No.16325 of 2025 Rules and as the same is not being paid, in view of attachment of his salary account, he is suffering, and is in violation of Article 21 of the Constitution of India. Besides, he also contends that though charge memo was issued on 18.10.2024, the inquiry is not completed so far, despite specific timeliness provided in terms of G.O.Ms.No.679, General Administration (Service.C) Department, dated 01.11.2018 and as reiterated vide G.O.Ms.No.91, General Administration (Ser.C) Department, dated 12.09.2022. Learned Assistant Government Pleader appearing on behalf 4. of the respondents, on the other hand, submits that non-crediting of subsistence allowance is only on account of attachment of the regular salary account and the same cannot be pointed out at respondents. At any rate, as the petitioner is provided alternative account, the same shall be credited to the other account. So far as disciplinary proceedings are concerned, the same shall be completed in terms of G.O.Ms.No.679, General Administration (Service.C) Department, dated 01.11.2018 and as reiterated vide G.O.Ms.No.91, General Administration (Ser.C) Department, dated 12.09.2022. In view of aforesaid submissions, as payment of subsistence 5. allowance in terms of Rule 53 of the Fundamental Rules is mandatory when employee is placed under suspension, in the HCGR,J W.P.No.16325 of 2025 present case as the petitioner’s regular salary account is under attachment on the said ground the benefit cannot be denied to petitioner. 6. Accordingly, the Writ Petition is disposed of by directing the respondents to pay the subsistence allowance to petitioner by crediting the same to the alternative account as provided by petitioner’s request letter dated 06.06.2025, by ascertaining the arrears as on today within a period of two (02) weeks from the date of receipt of a copy of this order. Further, respondents are directed to conclude the disciplinary proceedings within a period of three (03) months from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary to Govt., Revenue (Endowments) Dept., Andhra Pradesh Secretariat, Velagapudi, Amaravathi. 2. The Commissioner of Endowments, Gollapudi, Vijayawada, NTR District 3. The Deputy Commissioner, Endowments, Kurnool 4. The District Endowments Officer, Endowments Department, Nandyal, Nandyala District 5. One CC to Sri P. V. Ramana, Advocate [OPUC] 6, Two CCs to GP for Services-I, High Court of Andhra Pradesh [OUT] 7. Two CD Copies ssb . ^ HIGH COURT DATED:04/07/2025 ORDER WP No.16325 OF 2025 a I5JUL 2025 K DISPOSING OF THE W.P. WITHOUT COSTS