Smt. Nimmagadda Padmaja, v. The State of Andhra Pradesh
WP/17589/2024 · 2025-11-19
Gannamaneni Ramakrishna Prasad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 41801 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 41801 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010343752024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] THURSDAY, THE TWENTIETH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 17589 OF 2024 Between:
1. SMT. NIMMAGADDA PADMAJA,, W/O LATE NIMMAGADDA VENKATAPPAIAH, AGED ABOUT 60 YEARS, R/O. H.NO. 12-455- 18/1, NEELIMA NURSERY ROAD, TADEPALLI GUNTUR DISTRICT
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, LAW DEPARTMENT, SECRETARIAT, VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT
2. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF FINANCE, SECRETARIAT, VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT
3. BAR COUNCIL OF ANDHRA PRADESH, HIGH COURT OF ANDHRA PRADESH BUILDINGS AMARAVATI. ...RESPONDENT(S): Counsel for the Petitioner:
1. VENKAT CHALASANI Counsel for the Respondent(S):
1. P NARAHARI BABU
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2. GP FOR LAW LEGISLATIVE AFFAIRS
3. GP FOR FINANCE PLANNING The Court made the following ORDER:
Heard Sri Venkat Chalasani, learned Counsel for the Writ Petitioner, Sri A. Sreekanth Reddy, learned Counsel for the Respondent No.1, Sri Panuku Rajesh Kumar, learned Assistant Government Pleader for Respondent No.2 and Sri P. Narahari Babu, learned Standing Counsel for Respondent No.3. 2. The present Writ Petition is filed by the spouse of late Sri Nimmagadda Venkatappaiah seeking release of Matching-Grant by the Government for the death of her husband, who was practicing as an Advocate. 3. The Writ Petitioner places reliance on G.O.Ms.No.4 Law (B) Department, dated 22.01.2019 (Ex.P.6). Wherein and whereby the Government of Andhra Pradesh had agreed to pay a sum of Rs.4,00,000/- as a Matching-Grant for the family members/legal representatives of the deceased member of the Family who was practicing as an Advocate, over and above, the amount sanctioned by the Advocates Welfare Committee (through the Andhra Pradesh State Bar Council). The relevant portion of the G.O.Ms.No.4 Law (B) Department, dated 22.01.2019 (Ex.P.6) is usefully extracted hereunder:
“3. Government have examined the matter and decided to provide a matching grant of Rs.4,00,000/- (Rupees four lakhs only) and accordingly, hereby order for payment of an amount of Rs.4,00,000/- (Rupees four lakhs only) to the nominee/dependent of the deceased Advocate, over and above the amount sanctioned by the Advocates Welfare Committee and it shall be paid by the said Committee along with the death benefit of Rs.4,00,000/- (Rupees four lakhs only) sanctioned by them to the beneficiary. 4.
The expenditure shall be debited to the following Head of Account:- 2014 - Administration of Justice 800 - Other Expenditure (07) - Assistance to Associations and Organisations 310 - Grants Aid
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312 - Other Grants in Aid. 5. The Secretary, Bar Council of Andhra Pradesh shall take necessary further action. 6. This orders issues with the concurrence of the Finance Department, vide their U.O.No.43027/132/2018 (FMU- H&C) Department, dated 19-01-2019.”
4. The prayer sought in the present Writ Petition is as under:
“Therefore, in the circumstances stated above, I pray that this Hon’ble Court may be pleased to issue an appropriate writ, order or direction, more particularly, one in the nature of Writ of Mandamus a) To declare the inaction of Respondent Nos.1 and 2 in payment of Rs.4 Lakhs Matching Grant in terms of G.O.Ms.No.4 dated 22.01.2019 to the petitioner as illegal, arbitrary, and violative of Articles 14, 21 and 300-A of the Constitution of India; b) Consequently, direct Respondent Nos.1 & 2 to release an amount of Rs.4 Lakhs to the petitioner together with interest @ 9 % per annum, by passing appropriate G.O; c) grant such other relief as it deems fit in the circumstances of the case.”
5. When this Writ Petition was listed, this Court had enquired with the Bar Council of Andhra Pradesh (Respondent No.3) as to how many such Applications are pending with the Government. This Court had directed the Ld. Government Pleader for Law and Legislative Affairs to file all particulars concerning the pending cases where the family members of the deceased Advocates are still waiting for receiving of the Matching-Grant from the Government. 6. Ld. Counsel for the Andhra Pradesh Bar Council had informed that the Bar Council has already made the payments to all the Members and there is no Application pending as on today with the Bar Council. Ld.
Counsel for the Bar Council would also submit the pendency is only from the side of the
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Government and the Families of the deceased Advocates are unable to receive the amount within the time as a ‘succor’ for the purpose of providing immediate financial aid. 7. Having taken note of the submission on behalf of Bar Council of Andhra Pradesh, this Court had directed the Law Secretary to place on record the total number of cases pending with the Government. The Department of Law had filed a Memo placing on record the necessary details of the pending Applications with the Department of Finance for clearance. It is stated that total number of Applicants awaiting for Matching-Grant from the Government are about 1150. That the Government of Andhra Pradesh has issued G.O.Rt.No.415 Law (B) Department dated 07.11.2025 and accorded sanction for release of Rs.16,92,00,000/-. It is submitted that this release of Rs.16,92,00,000/- would benefit about 423 families of the Advocates where the Government will release its share of Matching-Grant of Rs.4,00,000/- per deceased Advocate. It is also submitted that the Government has issued G.O.Rt.No.416 Law (B) dated 07.11.2025 sanctioning the release of Rs.29,08,00,000/- which would benefit about 727 families of Advocates where the Government would be disbursing Rs.4,00,000/- per deceased Advocate family. The Writ Petitioner in the present Writ Petition would probably fall under G.O.Rt.No.415 Law (B) dated 07.11.2025. 8. The total obligation on the State Government comes to about Rs.45,90,00,000/-. Admittedly, the Matching-Grant was not paid by the Government of Andhra Pradesh for the last 4 to 5 years, that led to enormous increase in the cases awaiting payment.
As this Court understands that the arrears of Matching-Grant had mounted over the years due to inaction on the part of the Government and therefore, the payment of such huge amount of Rs.45,90,00,000/- in one-go may cause inconvenience for the Government, it is deemed necessary ‘in public interest’ to direct the Government to pay the Matching-Grant in two spells as indicated herein below:
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(i) The disbursement shall be made for the amount covered under G.O.Rt.No.415 Law (B) Department dated 07.11.2025 for the families of 423 deceased Advocates within a period of sixteen (16) weeks from the date of uploading of this order on the web-site of this Court; (2) The disbursement shall be made for the amount covered under G.O.Rt.No.416 Law (B) Department dated 07.11.2025 for the families of 727 Advocates within a period of twenty four (24) weeks commencing from 4th week of March- 2026;
09. With these observations and directions, this Writ Petition stands allowed to the extent indicated herein above. 10. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENIRAMAKRISHNA PRASAD, J Dt: 20.11.2025 Mnr
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HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD
WRIT PETITION No.17589 OF 2024
Dt: 20.11.2025 Mnr