APHC010434272024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 22910/2024 Between: 1. MELLAM SAI LAKSHMI, W/O MELLAM BALAKRISHNA, HOUSE WIFE, HINDU, AGED 47 YEARS, R/AT D.NO. 55-39-1/1, MMTC COLONY, SEETHAMMADHARA, NEAR MAYURA FUNCTION HALL, VISAKHAPATNAM. 2. MELLAM GOUTHAM, D/O MELLAM BALAKRISHNA, HINDU, AGED 34 YEARS, R/AT D.NO. 55-39-1/1, MMTC COLONY, SEETHANUNADHARA, NEAR MAYURA FUNCTION HALL, VISAKHAPATNAM. 3. MELLAM MANOJ KUMAR, S/O MELLAM BALAKRISHNA, HINDU, AGED 38 YEARS, R/AT D.NO. 55-39-1/1, MMTC COLONY, SEETHAMMADHARA, NEAR MAYURA FUNCTION HALL, VISAKHAPATNAM. 4. MELLAM RAVI KUMAR, S/O MELLAM BALAKRISHNA, HINDU, AGED 34 YEARS, R/AT D.NO. 55-39-1/1, MMTC COLONY, SEETHAMMADHARA, NEAR MAYURA FUNCTION HALL, VISAKHAPATNAM. ...PETITIONER(S) AND 1. THE UNION OF INDIA, REP. BY ITS UNDER SECRETARY, MINISTRY OF LABOUR AND EMPLOYMENT DEPARTMENT/ CENTRAL SECRETARIAT, SHRAM SHAKTI BHAWAN, RAFI MARG, NEW DELHI-110001. 2 2. THE EMPLOYEES PROVIDENT FUND ORGANIZATION, (MINISTRY OF LABOUR AND EMPLOYMENT), HEAD OFFICE, REP.BY ITS COMMISSIONER, PLATE A GROUND FLOOR,OFFICE BLOCK-LL, EAST KIDWA NAGAR, NEW DELHI-110023 3. THE EMPLOYEES PROVIDENT FUND ORGANIZATION, (MINISTRY OF LABOUR AND EMPLOYMENT), ZONAL OFFICE, REP BY ITS ADDL. CENTRAL PROVIDENT FUND COMMISSIONER, D.NO. 26-4- 16, 17, 2ND FLOOR, GNANOLLIVE STREET, GANDHI NAGAR, VIJAWADA-520003. 4. THE EMPLOYEES PROVIDENT FUND ORGANIZATION, (MINISTRY OF LABOUR AND EMPLOYMENT), REGIONAL OFFICE, REP.BY ITS REGIONAL COMMISSIONER, V.L.PURAM, RAJAMAHENDRAVARAM, ANDHRA PRADESH-533103. 5. THE ASSISTANT COMMISIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION, (MINISTRY OF LABOUR AND EMPLOYMENT), REGIONAL OFFICE, REP.BY ITS REGIONAL COMMISSIONER, V.L. PURAM, RAJAMAHENDRAVARAM, ANDHRA PRADESH- 533103 ...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 tomay be pleased to issue a WRIT OF MANDAMUS declaring the action of the 4rt respondents issued vide proceedings No. AP/ RO/ HRM/ CRS/ Balakrishna/ F.BA/ 2024, Dated 22-03-2024 against the petitioners legal notice and on 11.03.2024 and AP/ RO/ HRM/ CRS/ Balakrishna/ F.BA/ 2024, Dated 14-03-2024 against the petitioners Representation as illegal, arbitrary, violation of the Article 14, 21 and 300-A of the Constitution of India and opposed to the Principle of Natural justice and also against the pension rules and consequently set aside the impugned proceedings No. AP/RO/HRM/CRS/Balakri-shna/F.BA/2024, dated 22-03-2024 and AP/RO/HRM/CRS/Balakrishna/F.BA/2024, Dated 14-03-2024 against the Representation and also consequently direct the 4thpetitioners 5th Respondents to release the retirement and pensionray benefits of the petitioners deceased husband and 2nd to 4th petitioners deceased father and pass such other order. 3 IA NO: 1 OF 2024 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 4th respondent 5th respondents to release the retirement and pensionray benefits and pass such other order. Counsel for the Petitioner(S): 1. SIMHACHALAM KARUKOLA Counsel for the Respondent(S): 1. BOMMINAYUNI APPARAO The Court made the following: 4 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.22910 of 2024 ORDER: 1. At the time of hearing, Sri Karukola Simhachalam, learned counsel for the Petitioner seeks permission of the Court to withdraw the Writ Petition so as to enable the Petitioners to file a fresh case before the Central Administrative Tribunal, Vijayawada. 2. Permission is accorded. 3. Accordingly, the Writ Petition is dismissed, as withdrawn granting liberty to the Petitioners to file a fresh case before the Central Administrative Tribunal. 4. No order as to costs. 5. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 20.08.2025 IS 5 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.22910 of 2024 Date: 20.08.2025 IS