APHC010088902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY,THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 4654/2025 Between: 1. K. KHADAR VALLI SAHEB, S/O MOHIDDIN BASHA, AGED ABOUT 63 YEARS, RTD.SECONDARY GRADE TEACHER, AT RCM AIDED HIGH SCHOOL (DEFUNCT) ALCOT GARDENS, RAJAMAHENDRAVARAM. EAST GODAVARI DIST. R/O D.NO.19-3-14/6/5, RAMCHANDRAROPETA. RAJAMAHENDRAVARAM. EAST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DEPUTY INSPECTOR OF SCHOOLS, URBAN RANGE, RAJAMAHENDRAVARAM. EAST GODAVARI DISTRICT. 3. THE ACCOUNTANT GENERAL, GOVERNMENT OF A.P. VIJAYAWADA, NTR DISTRICT. 4. THE DISTRICT EDUCATIONAL OFFICER, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 5. THE DISTRICT TREASURY OFFICER, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 6. THE SUB TREASURY OFFICER, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 2 ...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 Writ or Order more in the nature of WRIT OF MANDAMUS declaring the impugned action of the respondents in not releasing the retirement benefits of the petitioner though sanctioned vide Lr.Rc.No.1042-A2/2023 dt.25.05.2023 of the 4th respondent under the guise of Attachment orders as is clear from PPO Letter dt 17.11.2023 of the 2nd respondent and Lr.dt.09-10-2023 of the 4th respondent is contrary to the Govt.Circular Memo No.1469/62/A1/P EN.1/2010 dt.03.10.2010 and violation of Articles 14, 21 and 300(A) of the Constitution of India and consequently declare that the petitioner is entitled to receive his retirement benefits to a tune of more than Rs.28,00,000/- together with interest on delayed payments 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 forthwith release the retirement benefits of the petitioner in accordance with Govt. Circular Memo No. 1469/62/A1/PEN. 1/2010 dt.03.10.2010 pending disposal of the above W.P. Counsel for the Petitioner: 1. EADARA PEDDANNA Counsel for the Respondent(S): 1. GP FOR SERVICES III 2. GP FOR SERVICES I The Court made the following: 3 HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.4654 of 2025 ORDER : This writ petition is filed questioning the action of the Respondents in not releasing the retirement benefits of the Petitioner sanctioned vide Lr.R.C.No.1042-A2/2023 dated 25.05.2023 under the guise of attachment orders in spite of PPO Letter dated 17.11.2023 contrary to the Government Circular Memo No.1469/62/A1/PEN.1/2010 dated 03.08.2010 as illegal and arbitrary. 2. The Petitioner had joined as Secondary Grade Teacher on 11.10.1991 in RCM Aided High School, Rajahmundry and retired in the same capacity on 31.01.2021 on attaining the age of superannuation. The proposals for pension were sanctioned vide proceedings dated 25.05.2023. However, the amounts were not released on account of attachment order indicated in letter dated 09.10.2023 issued by Respondent No.4. Hence, this writ petition is filed on the ground that the retention of the retirement benefits is contrary to Government circular memo dated 03.08.2010. 3. In the counter affidavit filed by Respondent No.2, it is stated that the attachment order over retirement benefits were passed in 4 two execution proceedings by the I Additional Senior Civil Judge, Rajamahendravaram in E.P.No.52 of 2022 in O.S.No.28 of 2017 for Rs.6,95,715/- and Additional Junior Civil Judge, Rajamahendravaram in E.P.No.43 of 2023 in O.S.No.19 of 2021 for Rs.4,79,479/-. The unattached amount of Rs.3,42,666/- lying with the Respondents was recommended to be released. The details are as follows: Sl. No. Name of the J.Dr. Name of the Court Case number Attachment Amount 01 Krovvidi Khadar Vali Saheb I Addl. Senior Civil Judge, Rajamahendravaram E.P.52/2022 O.S.28/2017 Rs.6,95,715/- 02 KrovvidiKhadar Vali Saheb Addl. Junior Civil Judge, Rajamahendravaram E.P.43/2023 O.S.No.19/2021 Rs.4,79,479/- 4. In the counter affidavit filed by Respondent No.6, it is stated that the Petitioner was sanctioned service pension and retirement benefits vide proceedings dated 17.11.2023 by the Accountant General, Andhra Pradesh, Vijayawada. It is also stated that the Petitioner was addressed in several letters to attend before the Pension Disbursing Officer to complete the work before disbursing the service pension. However, the Petitioner did not appear before the concerned Officer and hence amounts would not be disbursed. 5 5. Learned counsel for the Petitioner points out that as per the circular dated 03.08.2010, the retirement benefits cannot be attached and therefore, the pension sanctioning authorities were informed not to entertain the requests of individuals for recovery of non-governmental dues from pensionery benefits while forwarding pension proposals to the pension issuing authorities. On that basis, learned counsel for the Petitioner submits that the amounts cannot be attached and therefore, the retention of the amounts by the Respondent-authorities cannot be sustained. 6. Learned Assistant Government Pleader Sri S.Raju and Sri M.Ravi Shankar, appearing for Respondents would contend that as there is orders of attachment of the civil Court in execution proceedings, the Respondents cannot be faulted for not releasing the amounts under attachment to the Petitioner and the Petitioner shall work out the remedies before the concerned civil Court rather than filing the present writ petition. 7. Heard Sri Edara Peddanna, learned counsel for the Petitioner and learned Assistant Government Pleaders appearing for the Respondents. 8. The circular dated 03.08.2010 relied upon by the learned counsel for the Petitioner is advisory in nature and restrains the 6 pension disbursing authorities from retaining the retirement benefits on account of non-governmental dues. 9. In the present case, there is specific orders of attachment by civil Courts and the correctness of the order of attachment has to be adjudicated by the civil Court itself or in any appeal provided thereof. The Petitioner in this writ petition cannot seek for adjudication of the correctness of the orders of attachment of the civil Court. 10. However, there is no bar for the Respondents to release the balance unattached amounts of the retirement dues to the Petitioner and pay pension from the date of his entitlement. 11. Accordingly, the writ petition is disposed of with the following directions: (1) The Petitioner shall work out his remedies as regards the orders of attachment mentioned above before the concerned executing Court. (2) The balance retirement benefits lying in the account of the Respondents which is unattached by any orders of civil Court shall be released in favour of the Petitioner within a period of two months from the date of receipt of a copy of this order. 7 (3) The Respondents shall also fix the pension and pay pension to the Petitioner from the date of his entitlement within a period of two months from the date of receipt of a copy of this order. (4) No order as to costs. As a sequel, the miscellaneous petitions if any shall stand dismissed. ___________________ NYAPATHY VIJAY, J Date: 29.10.2025 KLP