1 APHC010372392019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY ,THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 17807/2019 Between: K.kumar, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. C V R RUDRA PRASAD Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 2. GP FOR SERVICES I (AP) The Court made the following: 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 17807/2019 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the benefits attached to the post of Village Revenue Officer during the course of employment and further action in not releasing the Retirement and Pensionary benefits attached to the said post though the petitioner attained superannuation on 30.09.2017 by treating the disciplinary proceedings initiated under the Charge Memo No.ROC/A8/6991/2012 dated 03.11.2012 issued by the 2nd respondent as dropped as arbitrary, illegal, unjust, discriminatory, violative of the Fundamental Rights guaranteed under Articles 14, 19, and 21 of the Constitution of India and consequently declare that the disciplinary proceedings initiated under the Charge Memo No.ROC/A8/6991/2012 dated 03.11.2012 issued by the 2nd respondent have lapsed and direct the respondents to release the benefits attached to the post of Village Revenue Officer during the course of employment and the retirement and pensionary benefits attached to the post of Village Revenue Officer to the petitioner by treating the period of absence i e from 01 07 2012 to 30 09 2017 date of superannuation as a special leave and pass…” 2. Heard Sri C.V.R.Rudra Prasad, learned Counsel for the Petitioner and the learned Assistant Government Pleader for Services-I for the respondents. 3. Learned Counsel for the petitioner would submit that the petitioner worked as Village Administrative Officer in different places. While so, due to severe ill health he could not attend the duties for ten (10) days and submitted a leave application to the respondent No.4 on 01.07.2012 and thereafter he extended his leave. He was not in a position to walk. Thereafter the 3 respondent No.4 submitted a report to the District Collector i.e., the respondent No. 2 stating that the petitioner is absconding from his duties from 01.07.2012. He has submitted his explanation. The respondent No.3 has submitted remarks on the explanation stating that the charges are proved and recommended to transfer him to any other Mandal with stringent warning. The respondent No.2 has not passed any orders or issue any proceedings. But once again directed the respondent No.3 to conduct enquiry. The respondent No.3 conducted enquiry and submitted report making the very same recommendations. Meanwhile, the petitioner has attained the age of superannuation on 30.09.2017. thereafter, he has submitted the representation for the release of his pensionery benefits for the post of VRO. The respondent No.2 has directed the respondent No.4 vide letter dated 15.12.2017 to take necessary action and submit the report. It is further reported that the respondent No.4 vide letter dated 07.05.2018 has submitted a report to the respondent No.2 to the effect that due to ill health only the petitioner could not attend for duty and hence, recommended for sanction of special leave for absent period from 01.07.2012 to 30.09.2017 and issue necessary orders for sanction of pensionery benfits in his favour. But no orders have been passed by the respondent No.2. Learned Counsel would further submit that the petitioner has submitted a detailed representation to the respondent No.1 dated 30.07.2018 seeking a direction to the respondent No.2 to release the benefits attached to his post but his representation is still 4 pending. Learned Counsel finally submits that a direction may be given to the respondent Nos. 1 and 2 for passing appropriate orders on the representation. 4. Learned Assistant Government Pleader would submit that the Court may pass appropriate orders directing the respondent Nos. 1 and 2 to attend the case of the petitioner. 5. Considering the submissions made, the Writ Petition is disposed of directing the respondent No.1 to consider the representation of the petitioner dated 30.07.2018 in the light of the report submitted by the 4th respondent and respondent No.2 is also directed to take appropriate action on the representation and consequential steps to enable the petitioner to get his retiral and other benefits as per his entitlement according to Governing Rules and law within a period of two (2) months from the date of receipt of copy of this order. 6. In the result, the Writ Petition is disposed of. No order as to costs. Pending applications, if any, shall stand closed. ____________________________________ Dr. VENKATA JYOTHIRMAI PRATAPA, J Date: 26.03.2025 UPS 5 492 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.17807 of 2019 Dated.26.03.2025 UPS