APHC010461422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY,THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 24369/2025 Between: 1. N V VARMA, S/O LATE N RAMACHANDRA RAJU, AGED 61 YEARS, OCC- COUNSELING, REHABILITATION AND MARKETING OFFICER (RTD), R/O PLOT.NO.141, PAUL NAGAR, VIZIANAGARAM 2. K.ESWARA RAO, S/O LATE VEERASWAMY, AGED 61 YEARS, OCC- COUNSELING, REHABILITATION AND MARKETING OFFICER (RTD), R/O D. NO. 1-116-12/1/5, SECTOR-12, MVP COLONY, VISAKHAPATNAM. 3. B. MUNIRAJA, S/O KUPPAIAH, AGED 62 YEARS, OCC- COUNSELING, REHABILITATION AND MARKETING OFFICER (RTD), R/O C/8-64, CAR STREET, NARAYANAVANAM, VISALDIAPATNAM DISTRICT 4. B.SURI APPARAO, S/O LATE APPARAO, AGED 63 YEARS, OCC- WATCHMAN (RTD) R/O D.NO.15-18-7, SRIRANGAPURAM, MAHARANIPETA, VISAKHAPATNAM, 5. K. KRISHNA, S/O GURUVULU, AGED 63 YEARS, OCC- COOCK (RTD), R/O SC COLONY, DEVUPALLI VILLAGE, BONDAPALLI MANDAL, VIZIANAGARAM DISTRICT. 2 ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, WOMEN, CHILDREN, DIFFERENTLY ABLED AND SENIOR CITIZENS DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE ANDHRAPRADESH, AND THE PRINCIPAL SECRETARY TO GOVT, OFANDHRA PRADESH, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT 3. THE A P DIFFERENTLY ABLED AND SENIOR CITIZENS ASSISTANCE CORPORATION, (GOVT, OF A.P. UNDERTAKING). REP. BY ITS MANAGING DIRECTOR, RAJANARENDRA BHAVAN, YENAMALAKUDURU ROAD, NEAR AUTONAGAR, VIJAYAWADA 4. THE DIRECTOR OF TREASURIES AND ACCOUNTS, 1 FLOOR, NIDHI BHAVAN, BEHIND APIIC BUILDING IT PARK, MANGALAGIRI, A.P.-522503 ...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 topleased to issue an order, direction or writ, more particularly one in the nature of writ of Mandamus declaring the inaction of respondents in releasing/ paying the retirement and other benefits such as 1) Encashment of Earned Leave (EL) and Half Pay Leave (FIPL), 2) arrears of Revised Pay Scales-2022f rom 01.04.2020 to 31.12.2021, 3) from 01.04.2020 to under to 30.06.2023, (ii) under to 31.10.2023, (iii) under to 31.03.2024 and (iv) to 30.06.2024 and the amounts payable in respect of the bills pending with respondents Nos.2 and 4 with regard to 4) arrears of Dearness Allowances (DA) payable (i) under G.O.Ms. No.94 dt.04.11.2020 from 01.07.2018 (ii) under 3 G.O.Ms.No.51 dt.31.07.2021 from 01.01.2019 arrears of Dearness allowances payable (i) under (i) G.O.Ms.No.66, dt.01.05.2023 from 01.01.2022 G.O.Ms(i) G.O.Ms.No.66, dt.01.05.2023 from 01.01.2022 G.O.MsG.O.Ms.No.66, dt.01.05.2023 from 01.01.2022 to 30.06.2023, (ii) under G.O.Ms.No.113, dt.2L10.2023 from 01.07.2022 to 31.10.2023, (iii) under G.O.Ms.No.113, dt.2L10.2023 from 01.07.2022 to 31.10.2023, (iii) under G.O.Ms.No.28, dt.15.03.2024 from 01.01.2023 to 31.03.2024 and (iv) under G.O,Ms.No.30, dt.15.03.2024 from 01.07.2023 to 30.06.2024 and the amounts payable in respect of the bills pending with respondents Nos.2 and 4 with regard to 4) arrears of Dearness Allowances (DA) payable (i) under G.O.Ms. No.94 dt.04.11.2020 from 1.07.2018 to 31.12.2020 and( ii) under G.O.Ms.No.51 dt.31.07.2021 from 01.01.2019 to 30.06.2021 for which the 3rd respondent issued Proceedings vide procg.No.1031/ 2016/Estt-II/2023 and procg.No.l031/2016/Estt-II/2023-2 dt.08.09.2023 and 5) Encashment of Surrender of Earned Leave for Financial Years 2021-22 and 2022-23 vide Prog.Rc.No.542/Estt/2023/SL, dt.05.12.2023 of 3 respondent as illegal, arbitrary, capricious and in violation of Articles 14 and 21 of the Constitution of India and consequently direct the respondents to pay the amounts such as retirement benefits and other dues payable to the petitioners with interests 18percentage per annum from the date of due till the amounts are paid to the petitioners and 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 to direct the respondents to clear the bills pending with CFMS relating to the petitioners such as arrears of DA as per RPS 2015 and encashment of surrender of as per G.O.Ms.No.l, Finance (PC-TA) Department dated 17.01.2022 a and arrears of dearness allowances payable as per RPS 2022 to the petitioners, pending disposal of the writ petition and pass 4 earned leave for financial years 2021-22 and 2022-23 and make payments to the petitioners forthwith and also pay the retirement benefits such encashment of EL and HPL, arrears of Revised Pay Scales of 2022 Counsel for the Petitioner(S): 1. V SUDHAKAR REDDY Counsel for the Respondent(S): 1. GP FOR SERVICES I 2. GP FOR SERVICES II 3. SUDHIR MATTEGUNTA The Court made the following: 5 HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.24369 of 2025 ORDER: This writ petition is filed questioning the action of the Respondents in not releasing the retirement benefits i.e. Encashment of Earned Leave, Half Pay Leave, Arrears of Revised Pay Scales, Arrears of Dearness Allowance etc., as illegal and arbitrary. 2. The Petitioners after working in Respondent No.4- Corporation had retired from service. The designation and date of retirement of the Petitioners is given in the following tabular statement. However, the retirement benefits as referred above were not being paid. Hence, the writ petition. S.No. Name of the Petitioner Designation Date of Retirement 1. N.V.Varma Counseling, Rehabilitation and Marketing Officer 31.01.2024 2. K.Eswara Rao Counseling, Rehabilitation and Marketing Officer 30.09.2024 3. b.Muniraja Counseling, Rehabilitation and Marketing Officer 31.08.2023 6 4. B.Suri Apparao Watchman 31.03.2022 5. K.Krishna Cook 30.06.2022 3. Learned standing counsel for the Respondent No.4- Corporation passed on signed instructions of Managing Director of Respondent No.4-Corporation dated 08.10.20225 and submits that the gratuity was paid to the Petitioners and the bills of leave encashment have been submitted and the same are under process. It is also submitted that regarding Dearness Allowance and Surrender Leave encashment, the Bills were returned for want of budget and bills will be processed as and when budget is received. As regards, arrears of Revised Pay Scales 2022 from the period from 01.04.2020 to 31.12.2021 and Dearness Allowance, the Bills will be processed as and when orders are received from Respondent Nos.1 and 2. The instructions are placed on record. 4. Considering the submissions made, as there is no dispute with regard to the entitlement of the Petitioners towards the amounts of Dearness Allowance, Surrender Leave and revised pay scales, the writ petition is disposed of with the following directions: 7 (i) The Respondents shall forthwith release the retirement benefits due to the Petitioners on priority basis, preferably, within a period of eight (8) weeks from the date of receipt of a copy of this order. (ii) The Respondents shall also initiate payment of arrears of revised pay scales 2022 for the period from 01.04.2020 to 31.12.2021 as expeditiously as possible. (iii) No order as to costs. As a sequel, the miscellaneous petitions if any shall stand dismissed. __________________ NYAPATHY VIJAY, J Date: 08.12.2025 KLP