APHC010338212025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) V -C 3 o MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 18475 OF 2025 Between: Chinnadandulur Abdul Shukur, S/o C.Fakruddin, aged about 65 Years, R/o. Flat No.447, 4th Floor, Concorde Castle Vinyaas Project, Near Shilparamam, RIMS Road, Kadapa, YSR (Kadapa) District ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Industries and Commerce Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District 2. Andhra Pradesh State Warehousing Corporation (APSWC), (A State Government Undertaking) rep by its Managing Director, D-No - 55-17- 3, Auto Nagar, Stalin Corporate Building, 2nd Floor, B-Block, C-13, Vijayawada, Andhra Pradesh ...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 an order, writ or direction more particularly in the nature of Writ of Mandamus to declare the action of the respondent No.2 in withholding an amount of Rs.2,68,774/- from the gratuity and retiral benefits of the petitioner upon the petitioner retirement in June, 2018 by citing storage losses r said to have occurred during the petitioners tenure in March, 2011 at FCI, Kadapa (O) and May, 2016 to September, 2016 at CSC at Nandyal (H) Warehouse without conducting any enquiry or affording an opportunity of hearing as illegal, arbitrary and violative of Article 300-A of Constitution of India and consequently direct the respondent No.2 to release an amount of Rs.2,68,774/- to the petitioner. 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 direct the respondent No.2 to reconsider the case of the petitioner for releasing the withheld amount of Rs.2,68,774/- to the petitioner, disposal of the Writ Petition. Counsel for the Petitioner: SRI SHAIK MOHAMMED ISMAIL Counsel for the Respondent No. 1: GP FOR SERVICES I The Court made the following order: pending APHC010338212025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] □ MONDAY,THE tWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 18475/2025 Between: SHUKUR, S/O.C.FAKRUDDIN, AGED ABOUT 65 YEARS, R/0. FLAT NO.447, 4TH FLOOR, CONCORDE CASTLE VINYAAS PROJECT KADAPA, YSR (KADAPA) DISTRICT ABDUL 1.CHINNADANDULUR NEAR SHILPARAMAM, RIMS ROAD, ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS INDUSTRIES AND SECRETARIAT AMARAVATI, GUNTUR PRINCIPAL SECRETARY, COMMERCE DEPARTMENT, BUILDINGS, VELAGAPUDI, DISTRICT 2.ANDHRA PRADESH STATE WAREHOUSING CORPORATION APSWC, (A STATE GOVERNMENT UNDERTAKING) REP BY ITS MANAGING DIRECTOR, D- NO - 55-17-3, AUTO NAGAR, STALIN CORPORATE BUILDING, 2ND FLOOR, B-BLOCK, C-13, VIJAYAWADA, ANDHRA PRADESH ...RESPONDENT(S): 2 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 tomay be pleased to issue an order, writ or direction more particularly in the nature Mandamus to declare the action of the respondent No.2 in withholding an amount of Rs.2,68,774/- from the gratuity and retiral benefits of the petitioner upon the petitioner retirement in June, 2018 by citing storage losses said to have occurred during the petitioners tenure in March, 2011 at FCI, Kadapa (O) and May Warehouse opportunity of hearing as illegal, arbitrary and violative of Article 300-A of Constitution of India and consequently direct the respondent No.2 to release an amount of Rs.2,68,774/- to the petitioner forthwith and 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 may be pleased to direct the respondent No.2 to reconsider the case of the petitioner for releasing the withheld amount of Rs.2,68,774/- to the petitioner, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1 .SHAIK MOHAMMED ISMAIL Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following: of Writ of 2016 to September, 2016 at CSC at Nandyal (H) without conducting any enquiry or affording an THE HON'BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.18475 Of 2025 ORDER: The present writ petition is filed questioning the action of Respondent No.2 in withholding an amount of Rs.2,68,774/- from the gratuity and retirement benefits of the Petitioner on account of storage losses that have allegedly occurred in the Petitioner tenure in March, 2011 at FCI, Kadapa and from May,2016 to September,2016 at CSC, Nandyal warehouse without conducting an inquiry as arbitrary apd illegal. The Petitioner had retired as Warehouse Manager Grade-ll after long and unblemished service in A.P. State Warehousing Corporation (APSWC) on 30.06.2018 at Biccavolu Centre, On retirement, the Petitioner was entitled to receive 2. Kakinada. the retirement benefits, gratuity Leave Encasement etc. However, the Respondent-authorities without settling the retirement benefits, issued a letter dated 27.05.2019 to the Petitioner stating that an amount of Rs.7,42,305/- was released towards settlement of Earned Leave and .the said amount was adjusted against outstanding advances, security deposit and storage losses of FCI/CSC amounting to Rs.8,65,811/-. It was further informed that the balance of Rs.1,23,506/- would be adjusted from the gratuity .-nO 2 of the Petitioner. In total an amount of Rs.2,68,774/- was said to have been recovered under the head of storage of losses of FSl/CSC. Hence, the present writ petition is filed.. Learned counsel for the Petitioner submits that no enquiry was initiated while he was in service and the proceedings were issued withholding the amount of storage losses subsequent to the retirement without there being any quantification of the loss and the role of the Petitioner in contributing to the alleged loss. 1 In response, learned Assistant Government Pleader would submit that the Petitioner had executed an indemnity bond agreeing for recovery from the retirement benefits and therefore the Petitioner cannot now turn around and seek for retirement benefits. 3. 4. Heard learned counsel for both the parties. Admittedly, no enquiry was conducted by the Respondent- an amount of 5. 6. authorities before deciding to withhold Rs.2,68,774/- towards storage losses. As per the Respondents, the losses are said to have occurred in May, 2011 and in May, 2016 to September, 2016. The Petitioner had retired much later in June, 2018 and nothing prevented the Respondent-authorities to initiate action prior to the retirement of the Petitioner. In the 3 absence of any finding regarding negligence leading to storage loss, the amounts cannot be withheld. Therefore, the writ petition is disposed of directing the release the retirement benefits to the 7. Respondent-authorities to forthwith with interest @ 6% from the date of retirement Petitioner of the Petitioner. No order as miscellaneous petitions if any shall stand dismissed. to costs. As a sequel, the Sd/-B.PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, , and Commerce Department of Andhra Pradesh, Velagapudi, Amaravati 1. The Principal Secretary, Industries Secretariat Buildings, State l Guntur District Pradesh State Warehousing Government Undertaking) D-No - 55- Corporate Building, 2nd Floor, B-Block, C-13, Director, Andhra 2. The Managing Corporation (APSWC), (A State 17-3, Auto Nagar, Stalin Vijayawada, Andhra Pradesh 3. One CC to Sri. Shaik Mohammed Ismail Advocate [OPUC] for Services I High Court of Andhra Pradesh [OUT] 4. Two CCs to GP 5. Two CD Copies GSC S’ # d? S' HIGH COURT DATED:28/07/2025 ORDER WP NO. 18475 OF 2025 DISPOSING THE WP WITHOUT COSTS