Sri N. Samba Siva Reddy v. Andhra Pradesh State Road Transport Corporation
WP/43818/2018 · 2025-07-02
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 39460 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 39460 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010906602018
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 43818/2018 Between:
1. SRI N. SAMBA SIVA REDDY, S/O. HANUMANTHA REDDY, AGED ABOUT 60 YEARS, R/O FLAT NO. 202, SRI SAI HOMES, NEAR POST OFFICE, NGO COLONY, CUDDAPAH, CHINNACHOWK, ANDHRA PRADESH- 516002
...PETITIONER AND
1. ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, REP. BY IT ITS MANAGING DIRECTOR, RTC HOUSE, PNBS, VIJAYAWADA
2. SARVA SIKSHA ABHIYAAN DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, REP. BY ITS DISTRICT COLLECTOR AND CHAIRMAN, SPS, NELLORE
3. SARVA SIKSHA ABHIYAAN DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, REP. BY ITS EXECUTIVE DIRECTOR (AANDP), SPS, NELLORE
...RESPONDENT(S): Counsel for the Petitioner:
1. T S ANIRUDH REDDY Counsel for the Respondent(S):
1. SANISETTY VENKATESWARLU SC FOR APSRTC The Court made the following:
ORDER:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:
“.... a Writ of Mandamus declaring the action of the Respondents in not releasing and paying the terminal benefits to the Petitioner though he has retired from service on attaining superannuation on 31.10.2016 without there being any pending disciplinary proceedings as illegal, arbitrary, without jurisdiction, violative of Article 14, 21 and 300-A and ultra-vires of the powers and consequently direct the
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Respondents to release and pay the terminal benefits due to the petitioner on the superannuation on 31.10.2016, like Gratuity, Provident Fund, Leave encashment etc. together with interest at 18percent from 31.10.2016 till the date of payment.”
2. None represented for the Petitioner.
3. Sri Venkateswarlu Sanisetty, learned Standing Counsel for APSRTC, on written instructions, would submit that the Petitioner is no more. After the death of the Petitioner, the Department had given all the terminal benefits of the Petitioner to his family members and they have also given the leave encashment and gratuity to the family members of the Petitioner. Hence, no further orders are required in this matter and the petition may be disposed of.
4. For ready reference, the written instructions are extracted hereunder:
“Since Government decided to abate further action against Late Narreddy Samba Siva Reddy, Dy.EE., and ordered to pay the terminal benefits as per norms / regulations of APSRTC, the Competent Authority accorded approval to pay the terminal benefits such as Provident Fund, Gratuity, SBT, SRBS, Terminal Leave Encashment, Settlement Salary etc., which were withheld on account of pending ACB case, to his family members as per the nominations available in the records, following the stipulated procedure.
Since, he retired on 31.10.2016, i.e., prior to absorption of APSRTC employees into Government service, all terminal benefits shall be paid as per APSRTC Regulations and from the Corporation funds.
Necessary action shall be taken accordingly.”
5. Recording the same, the Writ Petition is disposed of. There shall be no
order as to costs.
As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:03.07.2025 Dinesh
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HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
W.P.No.43818 of 2018
Dt.03.07.2025
Dinesh