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2025 DAILYLAW 43146 (AP)

M.SAMUEL RAJU, E.G.DIST. v. SECY. SCHOOL EDN. DEPT. HYD & 3 OTHERS

WP/19705/2006 · 2025-01-23

Maheswara Rao Kuncheam

body2025

Judgment text

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^ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY FOURTH DAY OF JANUARY i TWO THOUSAND AND TWENTY FIVE I PRESENT THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 19705 OF 2006 Between: M.Samuel Raju, S/o.Raja Ratnam, Aged 61 (Retd) M.S.N.C. Aided High School, Kakinada-2. East Godavari years, Occ; Drawing Teacher District. ...PETITIONER AND 1. The Government of Andhra Pradesh, Department, rep. by its Secretary Secretariat, Hyderabad. 2. The District Educational Officer, Kakinada, East Godavari 3. M.S.N.C.Aided High School, Kakinada-2, East Godavari its Correspondent. 4. The Head Master, M.S.N.C. Aided High School, Kakinada-2, East Godavari District. District. District, rep. by ...RESPONDENTS of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a writ, order or direction nature of writ of mandamus declare the Petition under Article 226 of the Constitution may more particularly one in the action of the respondent more particularly 2nd respondent in not releasing the retiremental benefits to the petitioner as ilegal, arbitrary and contrary to the Andhra Pension Rules, 1980 and Section 13 of Payment violative of ARticle 14 of the Constitution of India Pradesh Revised of Gratuity Act, 1972 and and consequently direct due to the petitioner papers and to pass such other order or orders. the respondents to release the retiremental benefits by processing the pension 4 I.A. NO: 1 OF 2006rWPMP. NO: 24866 OF 2006) ^ 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 to direct the respondents to pay provisional pension A . as per Rule 9(4) read with Rule 52 of the A.P.Revised Pension Rules, 1980 to the petitioner pending disposal of the writ petition and pass such other order orders. or Counsel for the Petitioner: SRI K.CHINNA REDDY, REPRESENTING SRI L.V.S.NAGARAJU Counsel for the Respondent Nos. 1 & 2: GP FOR SCHOOL EDUCATION Counsel for the Respondent No.3: SMT. VIDYAVATHI The Court made the following: ORDER 4. 1 APHC010358582006 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SMS [3504] FRIDAY, THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 19705/2006 Between; M.Samuel Raju, E.g.dist. ...PETITIONER AND Secy School Edn Dept Hyd 3 Others and Others Courisel for the Petitioner: 1.L VS NAGARAJU Counsel for the Respondent(S): 1.M VIDYAVATHI 2.GP FOR SCHOOL EDUCATION ...RESPONDENT{S) \ The Court Made the Following Order:- This Writ Petition under Article 226 of the Constitution of India is filed for the following relief; to issue a writ order or direction more particularly in the nature of writ of mandamus declare the action of the respondent more particularly 2nd respondent in not ■ releasing the retiremental benefits to the petitioner . _ ilegal arbitrary and contrary to the Andhra Pradesh one as 2 Revised Pension Rules 1980 and Section 13 of Payment of Gratuity Act 1972 and violative of ARticle 14 of the Constitution of India and consequently direct the respondents to release the retiremental benefits due to the petitioner by processing the and to pass...’’ pension papers 2. Sri K.Chinna Reddy, learned counsel representing Sri L.V.S.Nagaraju, learned counsel for the petitioner would submit that not survive for further adjudication and the Writ Petition has become infructuous. the cause in the Writ Petition does 3. Recording the submission made by learned counsel appearing on behalf of the petitioner, the Writ Petition is dismissed as infructuous. There shall be no orders as to costs. As a sequel thereto, the miscellaneous pending in this Writ Petition shall stand closed. petitions, if any. SD/- AVIJAYA BABU ASSISTANT RE^51STRAR SECT^b //TRUE COPY// FFICER To, 1. One CC to Sri L.V.S.Nagaraju, Advocate [OPUC] 2. One CC to Smt. M.Vidyavathi, Advocate [OPUC] 3. Two CCs to GP for School Education [OUT] 4. Three CD Copies. High Court of Andhra Pradesh. gi HIGH COURT DATED:24/01/2025 ORDER WP.No.19705 of 2006 DISMISSING THE WRIT PETITION AS INFRUCTUOUS WITHOUT COSTS