4 ■J APHC010330802025 IN THE HIGH COURT OF ANDHRA PRADESJH AT AMARAVATI ^ (Special Original Jurisdiction) WEDNESDAY,THE NINTH DAY OF JULY^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJ^ WRIT PETITION NO: 17043 OF 2025 ^ Between: Chodavarapu Venkateswarlu, S/o. late Kotaiah, Aged about 62 years, R/o. D.No. 16-20-84, Old Guntur, Guntur District ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Commercial Tax Department, Secretariat, Velagapudi, Guntur District. The Chief Commissioner, State Tax, A.P. Guntur, Guntur District. The Joint Commissioner (ST), Guntur-1 Division, Guntur, Guntur District. The Assistant Commissioner (ST), Elurubazar Circle, Guntur, Guntur District. The Accountant General, Vijayawada, Krishna District. 2. 3. 4. 5. ...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 writ, order or I directions more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the pensionary and retiremental benefits to the petitioner as illegal, arbitrary, unconstitutional and violative of Articles 14, 16 and 21 of the Constitution of^- w India and consequently direct the respondents to release the retiremental benefits to the petitioner-r lA NO: 1 OF ^ 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 the petitioner for releasing the pensionary and retiremental benefits petitioner pending disposal of the above writ petition. _ Counsel for the Petitioner: SRI KAPPERA PAVAN KALYAN - Counsel for the Respondent Nos.1 to 4: GP FOR COMMERCIAL Counsel for the Respondent No.5: SMT. K. SWARNA SESHU pensionary and representation dt: 02.06.2025 of the to the TAX-- , SC FOR A.G The Court made the following order: APHC010330802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] WEDNESDAY.THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 17043/2025 Between: 1.CHODAVARAPU VENKATESWARLU. S/0. LATE KOTAIAH AGED ABOUT 62 YEARS. R/0. D.NO. 16-20-84. GUNTUR, GUNTUR DISTRICT OLD ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS COMMERCIAL DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2.THE CHIEF COMMISSIONER, STATE TAX, A.P. GUNTUR GUNTUR DISTRICT. 3.THE JOINT COMMISSIONER ST, GUNTUR-1 DIVISION, GUNTUR, GUNTUR DISTRICT. 4.THE ASSISTANT COMMISSIONER ST, ELURUBAZAR CIRCLE. GUNTUR, GUNTUR DISTRICT. 5.THE ACCOUNTANT GENERAL, VIJAYAWADA, KRISHNA DISTRICT. PRINCIPAL SECRETARY, TAX ...RESPONDENT(S): praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased tomay be pleased to issue writ, order or Petition under Article 226 of the Constitution of India p 1 2 HCGRJ W.P. No. 17043 of 2025 1 directions more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the and retiremental benefits to the petitioner as illegal pensionary arbitrary unconstitutional and violative of Articles 14, 16 and 21 of the Constitution of India and consequently direct the respondents to release the pensionary and retiremental benefits to the petitioner and to pass such lA NO: 1 OF 2025 praying that in the Petition under Section 151 CPC circumstances stated in the affidavit filed in support of the petition the High Court may be pleased may be pleased respondents to consider the representation dt; 02.06.2025 of the petitioner for releasing the pensionary and retiremental benefits to the petitioner pending disposal of the above writ petition and to pass such to direct the Counsel for the Petitioner: 1. KAPPERA PAVAN KALYAN Counsel for the Respondent(S): 1.GP FOR COMMERCIAL TAX 3 HCGRJ W.P. No. 17043 of 2025 The Court made the following Order: Petitioner assails the action of respondents in not releasing pension and retirement benefits to be illegal, arbitrary and unconstitutional. 2. Petitioner superannuated from service on 31.05.2025 as Office Subordinate. Petitioner was supposed to have been settled retirement and pension benefits by the time of retirement. It is stated that there are no disciplinary cases pending against him, therefore the question of withholding the same does not arise. Petitioner has made representation dated 02.06.2025, to the 4**^ respondent requesting to forward the pension proposal to the Government for releasing the same, which is stated to be pending. 3. Heard K.Pavan Kalyan, learned counsel for the petitioner and learned Assistant Government Pleader for Services-I for respondents. Learned counsel for the petitioner submits that it would suffice to direct the 4*^ respondent to consider his request and forward the proposal to the 1®' respondent enabling for releasing the same. 4. 5. Learned Assistant Government Pleader appearing on behalf of the respondents, on the other hand, submits that the representation made by petitioner would be considered and appropriate action be taken in accordance with law. 4 HCGR.J W.P. No. 17043 of 2025 6. In view of aforesaid submissions, without expressing any opinion on merits of the matter, with the consent of both the learned s counsel, the Writ Petition is disposed of at the admission stage, directing the 4*'^ respondent to forward the pension proposal of petitioner to the respondent, enabling the respondent to release the pension and other retirement benefits, if he is otherwise entitled in accordance with law, within a period of six (06) weeks 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/- M. RAMESH BABU DEPUTY REGISTftAR //TRUE COPY// i) SECTION OFFICER To, 1. The Principal Secretary, Commercial Tax Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District. 2. The Chief Commissioner,State Tax, A.P. Guntur, Guntur District. 3. The Joint Commissioner (ST), Guntur-1 Division, Guntur, Guntur District. 4. The Assistant Commissioner (ST), Elurubazar Circle, Guntur, Gyillur District. 5. The Accountant General, Vijayawada, Krishna District. 6. One CC to Sri Kappera Pavan Kalyan, Advocate [OPUC] 7. One CC to Smt. K. Swarna Seshu, SC for A.G[OPUC] 8. Two CCs to GP for Commercial Tax, High Court of Andhra Pradesh [OUT] 9. Two CD Copies. ssb ¥ HIGH COURT DATED:09/07/2025 ORDER WP No.17043 OF 2025 DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS