Hi' IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT j THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 32649 OF 2012 Between: K. Vayunandhan Rao, S/o. K. Venkateswara Rao, Aged 50 years, Occ: Sr. Assist (Under Reversion), Sri Thirupatamma Ammavari Devasthanam, Penuganchiprolu (V&M), Krishna District. ...PETITIONER AND 1. The Government of Andhra Pradesh, Rep.by The Commissioner of Endowments, Endowment Department, Boggulakunta, Hyderabad. 2. The Executive officer, & Tirupatamma Ammavari Devasthanam, Penugranchiprolu (V&M), Krishna District. 3. Sri Tirupatamma Ammavari Devasthanam, Rep.by its Chairman, Board Trusties, Penugranchiprolu (V&M), Krishna District. ...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 or order or direction more particularly one in the nature of WRIT OF MANDAMUS, a) Declaring the proceedings of the 2 Respondent in R.C.No. B1/1161/2007 dt. 08.10.2012 as arbitrary, illegal, contrary to law and provisions contained in Sec. 29,35, 41 of Act 30/87 and the Andhra Pradesh Charitable and Hindu Religious Institution and Endowment Office Holders and Servant Service rules 2000 and set aside the same, b) and consequentially declare that the petitioner is permanent nd employee of 3'^'^ respondent institution and is entitled for all consequential Respondent institution i.e. Sri rd service benefits there upon at the 3 , Krishna Hon'ble Court may Penugranchiprolu (V&M) orders as the of the case. i Devasthanam, such other order or in the circumstances ..j:r:- -. •r::;r » pleased to suspend the proceed,ngs of the 1/1161/2007 dt.08.10.2012. Ammavan Thirupatamma District, c) and pass deem fit and proper in the circumstances High Court may be r.C.No. B jr.r:r: “ - —»• - that in the circumstances High Court may be wp.mp 151 CPC praying the pleased No.41 592/2012 m petition as devoid of merits. counsel for the Petitioner JESHTADI SUNIL KUMAR for endowments MADHAVA REDDY (SC ; SRI Counsel for the Respondent No.t-.GP Counsel for the Respondents for endowments AR) court made the following No.2 & 3; SRI K ORDER: The APHC010375142012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 32649/2012 [3457] 0^ Between: K.vayunandhan Rao ...PETITIONER AND The Govt Of Ap Commissioner Of Endowments 2 Others and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.JESHTADI SUNIL KUMAR Counsel for the Respondent(S): 1.K MADHAVA REDDY (SC FOR ENDOWMENTS AR) 2.GP FOR ENDOWMENTS 3. ELEVATED AS JUDGE The Court made the following Order: The learned counsel for the petitioner, appearing virtually online, submits that the petitioner’s services were absorbed with the 2""* respondent vide proceedings dated 06.08.2007. It is further submitted by the learned counsel for the petitioner 2. that the petitioner filed the present writ petition challenging the respondent nd dated 08.10.2012, whereby the 2 proceedings effected the reversion of the petitioner from the post of Senior Assistant to the post of Junior Assistant. HN, J W.P.No.32649 2012 2 3. This Court, vide order dated 16.10.2012, granted interim suspension of the impugned proceedings. It is also submitted that the petitioner was initially appointed as a work supervisor on consolidated pay at Sri Varadharaju Swamy Temple, Peddapulivarru, Guntur District and appointment was approved by the Deputy Commissioner of Endowments, Guntur. 4. K his Thereafter, the petitioner was appointed as a record assistant vide proceedings of the Deputy Commissioner of Endowments, Guntur, dated 14.05.1987. The petitioner was also granted time scale with effect from 18.12.1989. 5. 6. The petitioner was promoted to the post of Junior Assistant on 19.06.1993. On 19.07.2004, the petitioner was transferred and posted as Junior Assistant at the 2'"'^ respondent temple. The petitioner submitted a representation requesting absorption and the 3'’'’ respondent considered the request and passed resolution dated 16.12.2011, absorbing the services of the petitioner with the 2"'^ respondent temple. 7. HN, J W.P.No.32649_2012 3 an existing subsequently promoted i - ior Assistant. After a lapse of two in was The petitioner 28.08.2010 as Senior 8. vacancy on years, petitioner of the impugned proceedings. reversion of the impugned proceedings proposing issued. This Court the I had granted interim suspension were submits that the 30.06.2022 as a counsel for the petitioner of superannuation on respondent temple. The learned attained the age 9. petitioner Senior Assistant in the 2 nd far not released respondent has so ice benefits which are due payable, to the impugned proceedings adequately has also attained the age mpediment by the respondents to and payable to the petitioner. nd is submitted that the 2 10. It'S- the petitioner’s service IS the challenge Insofar as concerned, the grievance addressed by of superannuation withhold the service benefits due 11. has been of the petitioner this Court and the petitioner There is no i from the respondents reason to Withholding of service infringe upon the such, the respondents order resisting ice benefits, there is no When there is no 12. withhold the settling the. service of the retired employee, would definitely service benefits benefits of a fundamental rights of the employee retired employee are . As HN,J W.P.No.32649_2012 4 release the service benefits by duly computing the duty-bound to amounts payable. disciplinary proceedings or any other 13. When there are no proceedings release of service respondents in settling the service benefits of an employee who has served the institution for a considerable period of time has to be which would entitle the respondents to withhold such benefits, the inaction on the part of the » found fault. 14. With these observations, it is ieft open for the petitioner to representation seeking the release of his service benefits, receipt of such representation, shall pass benefits within a period of make a The respondents, upon necessary orders releasing the service six (06) weeks from the date of the said representation Accordingly, the writ petition is partly allowed. There shall be 15. no order as to costs. miscellaneous petitions, if any, shall As a sequel, pending stand closed. That Rule Nisi has on ' ^ln°SDf;"otja"nuary,’Two Thousand and Twenty Fwe. ^ ^ assistAI^^EGISTRAR ^SECTION OFFICER above witness the Honourable this Monday, The / //true copy// Endowment Department, To, of Endowments, Pradesh, Gollapudi, Vijayawada 1 The Commissioner Government of Andhra i Devasthanam, Ammavari Tirupatamma officer, 2 The Executive ' Penugranchiprolu(V&M), Krishna District. : rr. i™ »» o, 6. One CC to SRi K MADHAVA REDDY (SC FOR [OPUCl 7. Three CD Copies Ammavari Sri Tirupatamma endowments AR) PRK high court DATED:20/01/2025 ORDER AND«;Sf^ 0 6 MAR OT n iaf S' WP.No.32649 of 2012 W % ^ . Curreni 6ecuon ALLOWING THE W.P. WITHOUT COSTS