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High Court of Andhra Pradesh · body

2025 DAILYLAW 43763 (AP)

K SREEDHAR v. THE STATE OF AP

WP/1155/2019 · 2025-03-02

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY FIVE '#3 OiIt® ^ O I iO PRESENT =5^ THE HON’BLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 1155 OF 2019 Between: K Sreedhar, Koppula Sreedhar, S/o. Anthony, Aged 61 years, Occ; Service (Retired), R/o. D. No. 9-339, Indira Nagar, Vissannapet Town and Mandal, Krishna District. ...PETITIONER AND 1. The State of AP, The State of Andhra Pradesh, Rep., by its Principal Secretary, Department of Education, Secretariat, Velagapudi, at Amaravathi, Guntur District. 2. The Commissioner of Collegiate Education, Government of Andhra Pradesh, Prasadampadu, Vijayawada, Krishna District. Joint Rajamahendravaram, East Godavari District. 4. The President and Correspondent, Dharma Appa Rao College, Nuzvid, Krishna District. 5. The Principal, Dharma Appa Rao College, Nuzvid, Krishna District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue an appropriate writ or order, orders or directions more particularly one in the nature of Writ of Mandamus declaring the action of the respondents more particularly respondent Nos. 4 and 5 are not 3. The Regional Director, Collegiate Education may releasing my pension and other retirement benefits since 2017 is illegal, irrational, arbitrary and violation of the provisions under the Payment of Provident Fund Act, 1968 and Payment of Gratuity Act, 1972 and other service jurisprudence and offends Article 14 and 21 of the Constitution of India and consequently direct the respondents to release my pension with effect from 01 -11 -2017 that apart from gratuity and other benefits that are I legally entitled for. / am lA NO: 1OF2019 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 authority to release the pension from the date of my superannuation i.e above writ petition. 01.11.2017, pending disposal of the rorr Counsel for the Petitioner: SRI M KISHORE BABU Counsel for the Respondent Nos. 1 to 3: GP FOR HIGHER EDUCATION Counsel for the Respondent No.4: SRI SREENIVASA RAO VELIVELA The Court made the following: QRDER 1 APHC010023832019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT the honourable dr justice VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO; 1155/2019 Between: ...PETITIONER K Sreedhar AND The State Of Ap and Others Counsel for the Petitioner; ...RESPONDENT(S) 1.M KISHORE BABU Counsel for the Respondent{S): 1.RAMA RAGHAVENDRA RAO KOTARU 2.GP FOR EDUCATION (AP) 3.VENKATESWARLU CHAKKILAM 4.SREENIVASA RAO VELIVELA The Court made the following: 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 1155/2019 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: ...to issue an appropriate writ or order orders or directions more particularly one in the nature of Writ of Mandamus declaring the action of the respondents more particularly respondent Nos. 4 and 5 releasing my pension and other retirement benefits since 2017 is illegal, Irrational, arbitrary and violation of the provisions under the Payment of Provident Fund Act, 1968 and Payment of Gratuity Act, 1972 and other service jurisprudence and offends Article 14 and 21 of the Constitution of India and consequently direct the respondents to release my pension with effect from 01.11.2017 that apart from gratuity and other benefits that are I am legally entitled for... ” are not 2. None represented for the petitioner. \ 3. Heard the learned counsel for the respondent No.4 and the learned Assistant Government Pleader for Higher Education. 4. Learned counsel for the respondent No.4 would submit that initially there was Court attachment for an amount of Rs.4,75,000/- (Rupees Four Lakhs Seventy Five Thousand) from the leave salary of the petitioner but the entire amount has been withhold by the authorities. By virtue of the interim orders passed by this Court dated 16.07.2019, since the civil court attachment is only to the extent of Rs.4,75,000/- (Rupees Four Lakhs Seventy Five Thousand) the respondent Nos. 4 and 5 are directed to release the other pensionary benefits except the sum of Rs.4,75,000/- (Rupees Four Lakhs 3 ' 9 Seventy Five Thousand) as ordered by the civil court while attaching the same. Learned counsel would further submit that the authorities may have (Rupees Four Lakhs released this pension withholding only Rs.4,75,000/- Seventy Five Thousand) which is by virtue of the \ order of the civil court. 5. Learned Assistant Government representing the respondent Nos. 1 to 3 would submit that Pleader for Higher Education the interim order passed by this Court is complied with and the petition may be disposed of. 6. In view of the submissions referred above required in this matter. Accordingly, the Writ Petition is disposed of. No costs, g applications, if any, shall stand closed. no further orders are Pendin I Sd/-G HELA NAIDU ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To, 1. The Principal Secretary, Department Velagapudi, at Amaravathi, Guntur District D ^^"^^'ss'oner of Collegiate Education, Pradesh, Prasadampadu, Vijayawada, Krishna 3. The Regional Joint Director Rajamahendravaram, East Godavari District 4. The President and Correspondent, Dharma' Krishna District. B Dharma Appa Rao College 6. One CC to Sri M Kishore Babu Advocate ' Jou-Q^^ Higher Education, g' One rr r c" Haghavendra Rao Kotaru in S SS * Venkateswarlu Chakkilam 1 ?: ?h"rle CD°Copilr"'™- of Education, Secretariat Government of Andhra District. Collegiate Education, Appa Rao College, Nuzvid, , Nuzvid, Krishna District [OPUC] High Court of Andhra Pradesh. Advocate [OPUC] Advocate [OPUC] Advocate [OPUC] TF ,1 - r \ HIGH COURT DATED:03/03/2025 ORDER WP.No.1155 of 2019 v; 0 7 ■it:' \3* it DISPOSING OF THE W.P., WITHOUT COSTS