IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV;^^.^ (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF APR& ( TWO THOUSAND AND TWENTY FIVE IfeV o PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 9696 OF 2025 Between: Gedala Lakshmi Ganeswara Rao, S/o. Late Markandeyulu, Aged about 64 years, Occ: Inspector of Survey (Retired), R/o. Flat No.303/A, D.No. 48-6-64, Suvarna Residency, Srinagar, Near Rama Talkies Lane, Visakhapatnam City, Visakhapatnam District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Commissioner, Survey, Settlement and Land Records Government of Andhra Pradesh, Vijayawada, Krishna District. 3. The Regional Deputy Director, Survey and Land Records, Visakhapatnam, Visakhapatnam District. 4. The Assistant Director, Survey and Land Records, Vizianagaram Collectoriate, Vizianagaram 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 may be pleased to issue a writ of Mandamus declaring the inaction of the respondents in not sanctioning and releasing the petitioners 80 pecent gratuity along with encashment of earned leave as arbitrary, illegal, and violative of Articles 14, 21 and 300-A of the Constitution of India, and contrary to Rule 52(c) of the A.P. Revised Pension Rules, 1980 and settled legal precedents and also contrary to the existing Rules GO Rt No. 1097 Finance and Planning FW Pen I Department Dated 22-06-2000 as illegal arbitrary discriminatory in violation of Article 14 of the Constitution of India consequently direct the respondents to release Encashment of Earned Leave along with 80 percentage of Gratuity to the petitioner pending FIRS in term of GO Rt No 1097 dated 22-06-2000 and similar Orders passed in WP No. 2221 of 2022 dated 26-07-2024 WP No 2545 of 2020 Dated 24-02- 2020 and W P No 3829 of 2021 dated 18-02-2021 and Division Bench Orders passed in W P No 30443 of 2016 dated 14-02-2017. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to release encashment of earned leave including 80 percentage of retirement Gratuity to the Petitioners representation dated 01-07-2022, 02-04-2025, pending disposal of the above writ petition. Counsel for the Petitioner: SRI P. MADHU SUDHAN Counsel for the Respondents: GP FOR SERVICE-1 The Court made the following: ORDER 1 CGR, J \A/ P.No.9696 of 2025 APHC010182852025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 050 [3506] 0;^ WEDNESDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 9696/2025 Between: ...PETITIONER Gedala Lakshmi Ganeswara Rao, AND ...RESPONDENT(S) The State of Andhra Pradesh and Others Counsel for the Petitioner: 1.MADHU SUDHAN P Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: ORDER: The present writ petition is filed seeking the following relief: “...to issue a writ of Mandamus declaring the inaction of the respondents in not sanctioning and releasing the petitioner’s 80 per cent gratuity along with encashment of earned leave, as arbitrary, illegal and violative of Articles 14, 21 and 300-Aof the Constitution of India and contrary to Rule 52(c) of the A.P. Revised Pension Rules, 1980, and settled legal precedents and also contrary to the existing Rules-G.O. Rt. No. 1097, Finance and Planning (FW. Pen-1) Department, dated 22.06.2000, as illegal, arbitrary, discriminatory, in violation of Article 14 of the Constitution of India, and consequently, direct the respondents to release Encashment of Earned Leave along with 80 per cent of Gratuity to the petitioner pending FIRs in terms of G.O. Rt. iii CGR, J. W RNo.9696 of 2025 No.1097, dated 22.06.2000, and similar Orders passed in W.P.No.2221 of 2022, dated 26.07.2024; W.P.No.2545 of 2020, dated 24.02.2020; and W.P.No.3829 of 2021, dated 18.02.2021, and Division Bench Orders passed in W.P No.30443 of 2016, dated 14.02.2017, and to pass ....” 2. Heard Sri P.Madhu Sudhan, learned counsel for the petitioner and learned Assistant Government Pleader for Services-I for respondents. 3. Petitioner retired from service as Inspector of Survey, Office of the Assistant Director Survey and Land Records Units, Vizianagaram District, on 30.04.2021 on attaining the age of superannuation. During his service, ACB trap case vide C.C.No.2 of 2019 on the file of Special Judge for SPE and ACB Cases, Visakhapatnam, was registered against him and the same is pending trial. Though petitioner has retired from service, on account of pendency of aforesaid criminal case, the respondents have retained the gratuity, encashrrjent of earned leave and other benefits. Petitioner has made representations, dated 01.07.2022 and 02.04.2025, by placing reliance on G.O.Rt.No.1097 , Finance and Planning (FE.Pen.l) Department, dated 22.06.2000, claiming for releasing of the retiremental benefits in terms of the same. However, as the respondents have not passed any orders, petitioner preferred present writ petition. Learned counsel for petitioner by referring to G.O.Rt.No.1097, 4. dated 22.06.2000, contends that respondents are not entitled to 3 CGR, J. W.P.No.9696of 2025 withhold all the amounts on mere pendency of criminal case and that petitioner is entitled to be paid 80% of retirement gratuity besides releasing encashment of earned leave. Petitioner has also placed reliance on orders passed by the Coordinate Bench of this Court in W.P. No.33884 of 2022, which followed the orders passed by the Division Bench of this Court in W.P. No.2545 of 2000, which has considered the purport of G.O.Rt.No.1097, dated 22.06.2000. Learned Assistant Government Pleader for Services-I appearing 5. for respondents does not refute the aforesaid contentions. A Coordinate Bench of this Court in W.P. No.33884 of 2022, while 6. considering the purport of G.O.Rt.No.1097, Finance and Planning (FE.Pen.l) Department, dated 22.06.2000, held as follows; “...8. On a perusal of the materialon record,this Court observed that, the Government vide G.O.Rt.No.1097, Finance and Planning (FE.Pen.l) Department, dated 22.06.2000 issued guidelines about Encashment of Earned Leave and Retirement Gratuity, reads as follows: “B. Encashment of Earned Leave: As per the orders issued in G.O. 4th read above, the authority competent to grant leave, in the above mentioned cases may withhold whole or part of cash equivalent of earned leave, if in the view of the competent authority there is a possibility of some money becoming recoverable from him on conclusion of the proceedings against him. On conclusion, the retired employee will become eligible to the amount so withheld after adjustment of the Government dues, if any. As such. Encashment of Earned Leave can be regulated accordingly. C. Retirement Gratuity: According to clause (C) of sub rule (1) of rule 52 of the Andhra Pradesh Revised Pension .m CGR, J. W P.No.9696 of 2025 Rules, 1980, no Gratuity shall be paid until the conclusion of the departmental or judicial proceedings and issue of final orders. According to the proviso to the above said rule, where departmental proceedings have been instituted under Rule 9 of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules 1991, for imposing any of the penalties specified in clauses (i), (ii) and (iv) of Rule 9 of the said Rules except the cases falling under sub-rule (2) of rule 22 of the said Rules, the Government Servant. It is also further provided in the said rule that where a conclusion has been reached that a portion of pension only should be withheld or withdrawn and the retirement gratuity remains unaffected in the contemplated final orders, the retirement can be released up to 80% of the eligible retirement gratuity.” 9. Admittedly, according to clause (c) of sub-rule (1) of rule of the Andhra Pradesh Revised Pension Rules, 1980, no Gratuity shall be paid until the conclusion of the departmental judicial proceedings and issuance of final orders. According the proviso to the above said rule, where departmental proceedings have been instituted under Rule 9 of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991, for imposing any of the penalties specified in clauses (i), (ii) and (iv) of Rule 9 of the said rules, except the cases falling under sub-rule (2) of Rule 22 of the said Rules the Government Servant. It is also further provided in the said’rule that where a conclusion has been reached that a portion of pension only should be withheld or withdrawn and the retirement gratuity remains unaffected in the contemplated, final orders, the retirement gratuity can be released up to 80% of the eliqible retirement gratuity. Having regard to the facts and circumstances of the case and on perusing the entire material on record, this Court is of the opinion that, a learned Division Bench of this Court in W.P.No.2545 of 2000, considered the scope of G.O.Rt.No.1097, dated 22.06.2000 and permitted the retired Government Servant to withdraw the amount on encashment of Earned Leave available to the credit of his account along with 80% retirement gratuity. 52 or to 10. 11. Therefore, following the principle laid down in the above judgment, adhering to G.O.Rt.No.1097, dated 22.06 2000 the petitioner is entitled to Encashment of Earned Leave and 80% retirement gratuity and accordingly, the respondents directed to pay Encashment of Earned Leave and 80% retirement gratuity to the petitioner and encashment of earned are CGR, J. W.P.No.9696 of 2025 leave, as entitled by the petitioner, in accordance with law, within a period of two (02) months from the date of receipt of a copy of this order.” Accordingly, the writ petition is disposed of and the respondents are directed to pay Encashment of Earned Leave and 80% retirement gratuity to the petitioner, in accordance with law, within a period of two months from the date of receipt of a copy of this order. No costs. 7. seguel, miscellaneous petitions pending consideration, if any, in this case shall stand closed. As a Sd/- K. TATA RAO deputy registrar //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. 2 The Commissioner, SCiryey, Settlement and Land Records Government of Andhra Pradesh, Vijayawada, Krishna District. 3 The Regiopal .Deputy Director, Survey and Land Records Visakhapatnam, Visakhapatnam District. 4 The Assistant Director, Survey and Land Records, Vizianagaram Collectoriate, Vizianagaram District. 5. One CC to Sri P.Madhu Sudhan, Advocate [OPUC] GP for Service -I, High Court of Andhra Pradesh. [OUT] 6. Two CCs to 7. Three C.D. Copies. Cnr HIGH COURT DATED:23/04/2025 ORDER WP.No.9696 of 2025 I 2» MAY 2025 oecuon . m DISPOSING OF THE W.P. WITHOUT COSTS