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2025 DAILYLAW 24867 (AP)

C ESWAR REDDY v. THE SPDCL

WP/18034/2023 · 2025-06-29

Challa Gunaranjan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

\V APHC010350732023 IN THE HIGH COURT OF ANDHRA PRADES AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 18034 OF 2023 Between: C Eswar Reddy, S/o C. Malta Reddy, Aged about 63 years, Occ. Retired Lineman, R/o D.N 13/349-D-2-4, Pyaramidnagar, Vempalli, Cuddapah District ...Petitioner AND 1. The SPDCL, Rep., by its Divisional Engineer. Operation, Kadapa District. 2. The Divisional Engineer operation, Kadapa SPDCL Kadapa District 3. The Executive Engineer Operation, SPDCL, Pulivendala. 4. The Accounts Officer, Circle Office, Kadapa APSPDCL Kadapa District 5. The Accounts officer. Corporate Office APSPDCL. Tirupathi. ...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, particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not releasing the Employment Provident Fund(EPF) to the petitioner even after 3 years Of retirement by finalizing the transfer claim proposal of FORM-13 submitted by the respondent vide LrN0.SE/O/KDP/AO(EX)/AAO/JAO/PR S/C3/D.No.322/21 \ dated 24.05.2021 & Lr No SE/O/KDP/A0(EX)/AAO/JAO/P RS/C3/D.No.542/21 dated 10.08.2021 of the 5th respondent which is illegal arbitrary, discriminatory and violation of Articles 14. 16 and 21 of constitution of India and consequently direct the respondents to process the transfer claim proposal of FORM-13 and settle the Employment Provident Fund of the petitioner as expeditiously with an interest of 18 percent from the of retirement till the actually payment. lA NO: 1 OF 2023 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 process the transfer claim proposal submitted by the 4th respondent vide Lr.No.SE/0/KDP/AO(EX)/AAOLIAO/PRS/C3/D.No.322/21 dated Lr.No.SE/0/KDP/AO(EX)/AAO/JAO/PRS/C3/D.No.542/21 dated 10.08.2021 pending disposal of the above writ petition. Counsel for the Petitioner: SRI KRISHNA RAO M Counsel for the Respondents: SRI VENKATA RAMA RAO KOTA SC FOR APSPDCL The Court made the following order: 24.05.2021 and APHC010350732023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] MONDAY,THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 18034/2023 Between: 1.C ESWAR REDDY, S/0 C. MALLA REDDY, AGED ABOUT 63 YEARS, OCC. RETIRED LINEMAN, R/O D.N10.13/349-D-2- 4,PYARAMIDNAGAR, VEMPALLI, CUDDAPAH DISTRICT ...PETITIONER AND 1.THE SPDCL, REP., BY ITS DIVISIONAL ENGINEER. OPERATION, KADAPA DISTRICT . 2.THE DIVISIONAL ENGINEER OPERATION, KADAA .SPDCL.KADAPA DISTRICT 3.THE EXECUTIVE ENGINEER OPERATION, SPDCL, PULIVENDALA. 4.THE ACCOUNTS OFFICER, CIRCLE OFFICE. KADAPA.APSPDCL.KADAPA DISTRICT 5.THE ACCOUNTS OFFICER, CORPORATE OFFICE APSPDCL TIRUPATHI. ...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 topleased to issue a writ, order or direction, particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not releasing the Employment Provident 2 Fund(EPF) to the petitioner even after 3 years of retirement by finalizing the transfer claim proposal of FORM-13 submitted by the respondent, S/C3/D.No.322/21.dated.24.05.2021 and. L.r. No SE/O/KDP/A0(EX)/ AAO/JAO/P RS/C3/D.N0.542/21 dated 10.08.2021 of the 5th respondent which is illegal arbitrary, discriminatory and violation of Articles 14. 16 and 21 of Constitution of India and consequently direct the respondents to process the transfer claim proposal of FORM-13 and settle the Employment Provident Fund of the petitioner as expeditiously with an interest of 18percent from the of retirement till the actually payment and to pass iA NO: 1 OF 2023 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 process the transfer claim proposal submitted by the 4th respondent vide. Lr. No.SE/0/KDP/AO(EX)/AAOLIAO/PRS/C3/D.No.322/21, 24.05.2021 D.No.542/21 dated 10.08.2021 pending disposal of the above writ petition. Counsel for the Petitioner: 1. KRISHNA RAO M Counsel for the Respondent(S): 1 .VENKATA RAMA RAO KOTA SC FOR APSPDCL .L.r.No.SE/0/KDP/AO(EX)/AAO/JAO/PR vide dated and , Lr.No.SE/0/KDP/AO(EX)/AAO/JAO/PRS/C3/ 2. The Court made the following: THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN Writ Petition No.18034 of 2023 ORDER: Present writ petition challenges inaction of the respondents in releasing Employee Provident Fund to petitioner post retirement, as illegal and arbitrary. 2. Sri Venkata Rama Rao Kota, learned Standing Counsel for APSPDCL, appearing for respondents, has placed on record written instructions stating that petitioner’s E.PF. Accounts vide AP/43257/76; AP/6314/230 and AP/50305/96 were added to the Account No.AP/43246/ 1146, which is his Principal/Mother E.PF. Account and as per the records, there is no amount pending for his credit and any further claim with respect to non-release of amounts lying in mother account has to be addressed to the concerned E.PF. Authorities. 3. In view of the aforesaid statement, learned counsel for the petitioner seeks liberty to make appropriate application/represe ntation before the concerned E.PF. Authority claiming for the same. 4. Granting said liberty, the writ petition is disposed of. No order as to costs. As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed. Sd/- G. HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Divisional Engineer, SPDCL, Operation, Kadapa District. % 2. The Divisional Engineer operation, Kadapa, SPDCL.Kadapa District 3. The Executive Engineer Operation, SPDCL, Pulivendala. 4. The Accounts Officer, Circle Office Kadapa, APSPDCL, Kadapa District 5. The Accounts officer. Corporate Office APSPDCL. Tirupathi. 6. One CC to Sri. Krishna Rao M Advocate [OPUC] 7. One CC to Sri. Venkata Rama Rao Kota SC for APSPDCL [OPUC] 9. Three CD Copies GSC HIGH COURT DATED:30/06/2025 ORDER WP NO. 18034 OF 2023 DISPOSING THE WP WITHOUT COSTS