APHC010461762025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY,THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 23458/2025 Between: 1. VISHNUMOLAKA NARASIMHA RAO, S/O. VENKATESWARLU, AGED 73 YEARS, OCC RETIRED GOVERNMENT SERVANT (EX-ASSISTANT ENGINEER), R/O. H. NO. 1-60, FOUNDRY BAZAR, GANNAVARAM, VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY PANCHAYAT RAJ RURAL DEVELOPMENT DEPARTMENT SECRETARIAT BUILDINGS AT VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH.. 2. THE ENGINEERINCHIEF, PANCHAYAT RAJ DEPARTMENT, VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH. 3 3. THE ACCOUNTANT GENERAL A E, M.G. ROAD, VIJAYAWADA, NTR DISTRICT, 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 topleased to issue a Writ or Order or Direction more particularly one in the nature of Writ of Mandamus, directing the Respondents to set aside the dismissal order in G.O.Ms.No.485, dated 30.10.2007 and treat the Petitioner as having retired from service voluntarily on the date of his superannuation for the purpose of granting all pensionary and retirement benefits by directing the Respondents to calculate and release the entire pension, gratuity, leave encashment and all other consequential retirement benefits to the Petitioner, along with interest at the applicable rate from the due date till the date of actual payment consequentiall y direct the respondents particularly the and the 2ND respondents to consider the representation of the petitioner dated 30.07.2025 made to the 2ND respondent forthwith and to pass IA 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 Pleased to direct the respondents particularly the 1ST and the respondents to consider the representation of the petitioner dated 30.07.2025 made to the 2ND respondent forthwith pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. V SAI KUMAR Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 3 HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.23458 of 2025 O R DE R: This writ petition is filed to set aside the dismissal order in G.O.Ms.No.485 dated 30.10.2007 and treat the Petitioner as having retired from service voluntarily and release the retirement benefits to the Petitioner. 2. The Petitioner while working as Assistant Engineer, Panchayat Raj Department was subjected to a trap case by ACB on 03.05.2003 leading to a criminal case being registered against him in C.C.No.13 of 2004. After trial, the Special Judge for SPE & ACB Cases, Vijayawada vide order dated 23.08.2007 held guilty and convicted the Petitioner. Consequent thereto, Respondent No.1 dismissed the Petitioner from service vide G.O.Ms.No.485 dated 30.10.2007 on the ground of conviction in the criminal case. 2. In the criminal appeal filed before this Court questioning the order of conviction vide Crl.Appeal.No.1164 of 2007, this Court vide judgment dated 08.04.2025 acquitted the Petitioner of all the charges. 4 3. In the light of the acquittal, the Petitioner submitted a representation to the Respondents for restoration of service with financial benefits including pension as having retired from service voluntarily on the date of his superannuation for the purpose of granting pensionary benefits. As the said representation has not been considered, the present writ petition is filed. 4. Learned Assistant Government Pleader submits that an appropriate decision would be taken on the representation given by the Petitioner considering the subsequent acquittal in the criminal appeal. 5. Having heard the respective counsel, the writ petition is disposed of directing the Respondents to consider the representation of the Petitioner dated 30.07.2025 within a period of eight (8) weeks from today and pass appropriate orders thereon. No order as to costs. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 04.09.2025 KLP