IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE DR JUSTICE K. MANMADHA RAO WRIT PETITION NO: 64 OF 2022 Between: A. B, V. Narasimha Rao, S/o. late. A.Venkata Swamy, Hindu, aged about 62 years. Retd. Attender, D.No. 6-9-26/A, Kella Street, Srikakulam (Po and Dist), A.P. ...PETITIONER AND 1. The State of Andhra Pradesh, rep. by its Secretary,' Revenue (Endowments -1) Dept., A.P. Secretariat, Velagapudi, Guntur Dist., A.P. 2. The Commissioner, Endowments Dept., Govt, of A.P., Gollapudi, Vijayawada, A.P. 3. The Asst. Commissioner, Endowments department, Srikakulam ( T and Dist.), A.P. ...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 any writ, order or direction particularly a writ in the nature of MANDAMUS directing the respondents to release my retirement benefits forthwith such as Leave Salary, Gratuity, Commutation of Pension and regular pension along with arrears with appropriate interest @ 18% per annum over the delayed payments of my retirement benefits by extending correct pay fixation w.e.f. 15-04-1996 ie. the date of regularization of my service by declaring the action of the respondents arbitrary, illegal and violative of articles 14, 21 and 300-A of Constitution of India. as lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to pay Anticipatory Pension to me immediately within one week. Counsel for the Petitioner : SRI B. M. PATRO Counsel for the Respondents: GP FOR SERVICES II The Court made the following: ORDER w 1 APHC010527482021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] FRIDAY ,THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 64/2022 Between: A B V Narasimha Rao ...PETITIONER AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1. B M PATRO Counsel for the Respondent(S): 1.GP FOR ENDOWMENTS 2.GPFOR SERVICES II The Court made the following: ORDER: The writ petition is filed under Article 226 of the Constitution of India for the following relief: “...to issue any writ order or direction particularly a writ in the nature of MANDAMUS directing the respondents to release my retirement beneifts forthwith such as Leave Salary Gratuity Commutation of Pension and regular pension along with arrears with appropriate interest 1 Spercent per annum over the delayed payments of my retirement benefits by extending correct pay fixation w e f 15.04.1996 i.e., the date of regularization of my service by declaring the action of the respondents, as arbitrary, illegal and violative of articles 14 21 and 300A of Constitution of India and pass....” ▼ "WWW 2 2. Heard Sri B.M. Patro, learned counsel appearing for the petitioner land learned Government Pleader for Services-ll and learned Government Pleader for Endowments, appearing for the respondents. 3. On hearing, learned counsel for the petitioner submits that, the petition was appointed as Night Watchman on daily wages w.e.f 15.04.1991. Later, in view of orders of Hon’ble A.P.AdministrativeTribunal, the petitioner’s services were regularized in the said post w.e.f. 15.4.1996. Thereafter, the petitioner post of Night Watchman was converted into Attender vide proceedings in Rc.No.A4/397/2002, dated 10.05.2002 and the petitioner was retired from service on 30.06.2019 on attaining the age of superannuation. Learned counsel further submits that, the 3^^ respondent has sent the pension proposals of the petitioner to the District Audit Officer, Srikakulam vide Rc NO.A4/73528/2019, dated 6.6.2019 for sanction of pensionary benefits, who in turn returned the same with a request to produce the Government Orders. He further submits that, even though the petitioner made a representation dated 26.2.2020 for releasing of his retirement benefits, but the respondents have not taken any action so far. In this connection, the action of the respondents in dodging the matter and made itself responsible for delay in granting retirement benefits such as Leave Salary, Gratuity, Commutation of Pension and regular pension along with arrears. Therefore, learned counsel requests this Court to issue a direction to the respondents for releasing of retirement p 3 benefits to the petitioner with appropriate interest over the delayed payments as a matter of Fundamental right. 4. Per contra, learned Government Pleader appearing for the respondents has furnished a copy of letter vide Rc.No.A4/73528/2 019, dated 18.6.2022, issued by the Assistant Commissioner, Endowments Department Srikakulam, stating that “as seen from the records of this office, Sri A.B.V. Narasimha Rao, S/o Venkata Swamy was appointed as Night Watchman on daily wages in the existing vacancy vide this office Rc No.A4/694/1991-3, dated 11.04.1991 and according to the said orders, he worked in this office from 15.4.1991. He is not eligible for regularization as per GO Ms No.212 Finance and Planning (F.W.P.C III) Department, dated 22.04.1994 as Sri A.B. V. Narasimha Rao had not completed 5 years of service by 25.11.1993”. He further submits that, the services of Sri A.B.V. Narasimha Rao, Night Watchman on daily wages were regularized as per the directions of A.P. Administrative Tribunal in O.A No.6728/1999 and batch cases only vide this office Rc.No.A4/996/1994, dated 11.5.2001. As per records available in this office it is not known whether any appeal is made on the said O.A orders. Therefore, prayed to dismiss the writ petition. 5. On a perusal of the material on record, this Court observed that admittedly, the petitioner was working as Night watchman on daily wages. It is the contention of the petitioner that, the petitioner’s service was regularized as per orders of the Tribunal vide O.A No.6728/1999. Moreover, it is the 4 contention of the respondents that the petitioner services were not regularized and it is also not known whether any appeal is made out on the said O.A. 6. Having regard to the facts and circumstances of the case and on considering the submissions of learned counsel for the petitioner, this Court is of the considered view that, the respondents are directed to release the retirement benefits of the petitioner, such as Leave Salary, Gratuity Further, the Commutation of Pension and regular pension forthwith, respondents are also directed to pay interest @ 8% p.a. on delayed payments of his retirement benefits by extending correct pay fixation w.e.f. 15.04.1996 i.e., from the date of regularization of his service. 7. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, all the pending miscellaneous applications shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// ^SECTl^OFFICER To, 1. The Secretary, State of Andhra Pradesh, Revenue (Endowments -1) Dept., A.P. Secretariat, Velagapudi, Guntur Dist., A.P. 2. The Commissioner, Endowments Dept., Govt, of A.P., Gollapudi, Vijayawada, A.P. 3. The Asst. Commissioner, Endowments department, Srikakulam (T and Dist.), A.P. 4. One CC to Sri B. M. Patro, Advocate [OPUC] 5. Two CCs to GP for Services II, High Court of Andhra Pradesh. [OUT] 6. Three C.D. Copies. Cnr m HIGH COURT DATED:24/01/2025 ORDER WP.No.64 of 2022 X 0 1 MAR 20?5 m O ^' . Current Section ^a£esPATC^5^^^ DISPOSING THE W.P. WITHOUT COSTS