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2025 DAILYLAW 36931 (AP)

G APARNA v. THE STATE OF ANDHRA PRADESH

WP(AT)/830/2022 · 2025-03-03

B S Bhanumathi

body2025

Judgment text

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APHC010606082022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] MONDAY ,THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION TRANSFERED FROM APAT NO: 830/2022 Between: G Aparna ...PETITIONER AND The State of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. HARINATH REDDY SOMAGUTTA Counsel for the Respondent(S): 1. GP FOR SERVICES II The Court made the following: 2 W.P.(AT).No.830 of 2022 ORDER: The Writ Petition is filed under Article 226 of Constitution of India, seeking the following relief: “…to declare the action of the respondents in not paying pension as per retirement order issued by the 3rd respondent vide proceedings in Rc.No.B1/278/2016, Estt.., dated 05.03.2016 to the applicant as illegal, highly arbitrary and unjust and direct the respondents to pay the applicant the pension forthwith and pass…” 02. It is represented by the learned Government Pleader for Services-II that G.O.Ms.No.290, Revenue (Endowments-I) Department, dated 18.12.2024 had been issued in favour of the petitioner, which reads as follows: “In the circumstances reported by the Commissioner of Endowments, A.P. Vijayawada in the reference 2nd read above and after careful examination of the proposal, Government hereby accord permission to sanction proportionate pension to Smt G.Aparna, former Senior Assistant, O/o. the Assistant Commissioner, Endowments Department, Visakhapatnam, without adding any weightage duly relaxing the Rule 43 of AP RPRs 1980 as the individual has not rendered required service of (20) years under Rule 43 of AP RPRs 1980, as the Individual was permitted to retire from service on the A.N. of 31-03-2016 after put in a service of (12) Years of qualifying service under Rule 45 (2) of AP Revised Pension Rules, 1980 by the then Deputy 3 W.P.(AT).No.830 of 2022 Commissioner, Endowments Department, Visakhapatnam which is not a relevant Rule for permitting an employee to retire from service. 2. The Commissioner of Endowments, A.P. Vijayawada, shall take necessary action accordingly. 3. This order issues with the concurrence of Finance (HR.III- Pension, GPF) Department vide their U.O.No:FIN01- HRONGM(PEM)/19/2021-HR-III. Dated: 03.04.2024.” 03. In view thereof, the learned counsel for the petitioner requested to dispose of the writ petition with a direction to the concerned authority to implement the aforesaid G.O. without any further delay. 04. Accordingly, the writ petition is disposed of directing the 5th respondent to implement the aforesaid G.O. forthwith. There shall be no order as to costs. Interim orders granted earlier, if any, shall stand vacated. Pending miscellaneous applications, if any, shall stand closed. ________________________ JUSTICE B.S.BHANUMATHI Date: 03.03.2025 NSM 4 W.P.(AT).No.830 of 2022 13 HON’BLE Ms. JUSTICE B.S.BHANUMATHI WRIT PETITION TRANSFERED FROM APAT NO: 830/2022 Date: 03.03.2025 NSM