I i APHC010035202024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 1972 OF 9n7A fc* jrjjr ^ Between: Gandrakota Varalakshmi, W/o. Venkata Narayana, Aged D.No.25 - 21 - 36. 3/1, KVP Colony, Guntur City, Guntur District about 70 Years, R/o ...Petitioner AND 1. The State of Andhra Pradesh, Represented Department of Treasuries Velagapudi, Amaravati, Guntur District. by its Principal Secretary, and Accounts, Secretariat Buildings 2. State of Andhra Pradesh, Represented Department of Finance by its Principal Secretary, Secretariat Buildings, and Planning, Velagapudi, Amaravati, Guntur District. 3. Principal Accountant General (A&E), Government Vijayawada. of Andhra Pradesh, 4. The Deputy Director (FAC), District Treasury Office, Guntur. 5. The Sub Treasury Officer, Macharla, Guntur 6. The District Treasury Officer, Palnadu District, Narasarao Pet. 7. The Mandal Educational Officer, Mandal Educational Resource Centre Veldurthy Mandal, Palnadu District. 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 an appropriate Writ or order or direction particularly in the nature of a Writ of Mandamus, inaction of the Respondents herein in paying Commuted value of Pension and Death Gratuity pertaining to Late Gandrakota Janardhana Rao one more Cum Retirement to a tune of Rs. 18,12,632/- to the Petitioner herein in accordance with the Succession Certificate issued to her by the Learned Senior Civil Judge Succession O.P.No.1 of 2021 dated 28.06.2023 unjust and violative of Articles 14, 21 and 300A of the Constitution of India and consequently direct the Respondents herein to pay Rs. 18,12,632/- to the Petitioner herein in accordance with the Succession Certificate issued to her by the Learned Senior Civil Judge, Gurazala in Succession O.P.No.1 of 2021 dated 28.06.2023. Gurazala in as being illegal, arbitrary. lA NO: 1 OF 2024 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 herein to Petitioner herein pay 50% of the amount payable to the per the Succession Certificate issued to her by the Learned Senior Civil Judge, Gurazala in Succession O.P.No.1 of 2021 dated 28.06.2023. as Counsel for the Petitioner: SRI VIVEKANANDA VIRUPAKSHA Counsel for the Respondent Nos. 1 to 6; GP FOR SERVICES I Counsel for the Respondent No.7; GP FOR SERVICES The Court made the following order: ill APHC010035202024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY. THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 1972/2024 Between: 1.GANDRAKOTA VARALAKSHMI, W/0 VENKATA NARAYANA, AGED ABOUT 70 YEARS, R/0 D.N0.25 - 21 - 36. 3/1. KVP COLONY, GUNTUR CITY, GUNTUR DISTRICT. ...PETITIONER AND 1.THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF TREASURIES AND ACCOUNTS, SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. PRINCIPAL ACCOUNTANT GENERAL AANDE GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA. 4.THE DEPUTY DIRECTOR FAC. DISTRICT TREASURY OFFICE, GUNTUR. 5.THE SUB TREASURY OFFICER, MACHARLA, GUNTUR DISTRICT. 2 6.THE DISTRICT TREASURY OFFICER, PALNADU DISTRICT, NARASARAO PET. 7.THE MANDAL EDUCATIONAL OFFICER, MANDAL EDUCATIONAL RESOURCE CENTRE VELDURTHY MANDAL, PALNADU DISTRICT. ...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 to issue an appropriate Writ or order or direction, one more particularly in the nature of a Writ of Mandamus, inaction of the Respondents herein in paying Commuted value of Pension and Death Cum Retirement Gratuity pertaining to Late Gandrakota Janardhana Rao to a tune of Rs. 18,12,632/- to the Petitioner herein in accordance with the Succession Certificate issued to her by the Learned Senior Civil Judge, Gurazala in Succession O.P.No.1 of 2021 dated 28.06.2023 as being illegal, arbitrary, unjust and violative of Articles 14, 21 and 300A of the Constitution of India and consequently direct the Respondents herein to pay Rs. 18,12,632/- to the Petitioner herein in accordance with the Succession Certificate issued to her by the Learned Senior Civil Judge, Gurazala in Succession O.P.No.1 of 2021 dated 28.06.2023 and pass such other order. lA NO: 1 OF 2024 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 herein to pay 50% of the amount payable to the Petitioner herein as per the Succession Certificate issued to her by the Learned Senior Civil Judge, Gurazala in Succession O.P.No.1 of 2021 dated 28.06.2023 and pass such other order. 3 > lA NO: 2 OF 2024 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 receive the counter copies on record by allowing the leave petition in the above writ petition and pass such other order. lA 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 to receive the affidavit copy on record by allowing the leave petition in the writ petition in the interest of justice and to pass such other order. Counsel for the Petitioner: 1. VIVEKANANDA VIRUPAKSHA Counsel for the Respondent(S): 1.K SWARNA SESHU(SC FOR MC RAJAHMU N DRY) 2.GP FOR SERVICES I (AP) 3.GP FOR SERVICES III (AP) The Court made the following: THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.1972 of 2024 ORDER: The present Writ Petition is filed questioning the action of Respondents in not paying Commuted Value of Pension and Death- cum-Retirement Gratuity pertaining to late Gandrakota Janardhana Rao to a tune of Rs. 18,12,632/- to the Petitioner in accordance with the Succession Certificate issued by the Senior Civil Judge, Gurazala, Guntur District, in Succession O.P.No.1 of 2021, dated 1. 28.06.2023, as illegal and arbitrary. 2. The facts leading to filing of the present Writ Petition are as follows; One Gandrakota Janardhana Rao was working as a Secondary Grade Teacher at Mandal Parishad Primary School, Mandadi Village, Veldurthy Mandal, and he had retired from service on 30.06.2017. While so, on 10.01.2018, the said Gandrakota Janardhana Rao had expired without receiving any pensionary benefits. 3. As the said individual was a bachelor, he had executed a Registered Will in favour of the Petitioner on 16.02.2016. As the Respondent authorities are not paying the amounts due to the 2 deceased, the Petitioner filed Succession O.P.No.1 of 2021 before the Court of Senior Civil Judge, Gurazala under Section 372 of the Indian Succession Act, 1925, for issuance of Succession Certificate to receive the amount of Rs. 18,12,632/- from the Respondents which is the estate of the deceased Gandrakota Janardhana Rao. 4. The said S.O.P was allowed on 28.06.2023 and the Respondents therein were 1) The Accountant General (A & E) of A.P. Amaravathi; 2) The District Treasury Officer, Guntur; 3) The Sub-Treasury Officer, Macherla and 4) The Mandal Educational Officer, Veldurthy. The said S.O.P remained un challenged. In spite of the same, the Respondent authorities are not paying the amounts to the Petitioner. Hence, the present Writ Petition is filed. In the Counter Affidavit filed by Respondent No.5, it is stated that the Accountant General, Andhra Pradesh, is the competent authority to issue authorization of pensionary benefits to the employees and in case of Gratuity to the pensioner, who dies after retirement and without receiving payment, the Gratuity is admissible under Rule 46(1) of the A.P. Revised Pension Rules, 1980 and the 5. same would be disbursed among the family members of the deceased. 3 6. As regards the Commutation Value of Pension to the pensioner, who dies after retirement and without receiving payment, the Commutation shall be paid to either of the family members indicated in Rule 47(b) of deceased as per G.O.Ms.No.253, Finance & Planning (FW.Pen.l) Dept., dated 12.09.1986. It is further contended that the Petitioner being sister-in-law is not entitled to be covered under the definition of ‘family’. 7. An amount of Rs.8,13,763/- was the amount said to have been sanctioned by the office of the Accountant General towards Commutation of Pension and Gratuity. 8. Fleard Sri Vivekananda Virupaksha, learned counsel for the Petitioner and the learned Government Pleader for Services-I appearing for the Respondent-State. 9. The issue that falls for consideration in this case is whether the Petitioner is entitled for the amounts under “Commutation of Pension” and “Gratuity”? 10. Firstly, the Will dated 16.02.2016 was established in S.O.P.No.1 of 2016 before the Court of Senior Civil Judge, Gurazala. It is pertinent to note that the Accountant General was a party along with others and S.O.P was allowed on 28.06.2023 granting Succession Certificate to the Petitioner under Section 372 of the Indian Succession Act, 1925 to the estate of late Gandrakota Janardhana Rao. Secondly, emphasis on Rules 46(1) and 47(b) of A.P. Revised Pension Rules, 1980 appears to be misplaced. The Gratuity and Commutation of Pension amounts form part of the “estate” of the deceased Gandrakota Janardhana Rao. The Commutation Pension amount is sanctioned at the option of retired employee and in this case,the sanction of Commutation of Pension is indicative of the option exercised by the deceased. Once, the option is exercised, the Commutation of Pension amount sanctioned is the estate of the deceased and succession thereto is dependent of the applicable personal laws and bequeaths made,rather than on the provisions of A.P. Revised Pension Rules, 1980. However, it is clarified that family pension does not form part of the estate and the entitlement thereto would be governed by the A.P. Revised Pension Rules Therefore, the Writ Petition is disposed of with the following directions: 11. of 1980. (i) The Petitioner shall submit a representation to Respondent No.7 enclosing certified copy of the Order dated 28.06.2023 along with the relevant documents; 5 (ii) The Respondent authorities shall release the amount to the Aadhar linked bank account of the Petitioner within a period of three (3) months from the date of receipt of copy of this order; (iii) No order as to costs. As a sequel, pending applications, if any, shall stand closed. 12. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Department of Treasuries Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The Principal Secretary, Department Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 3. The Principal Accountant General (A&E), Government of Andhra Pradesh, Vijayawada. 4. The Deputy Director (FAC), District Treasury Office, Guntur. 5. The Sub Treasury Officer, Macharla, Guntur District. 6. The District Treasury Officer, Palnadu District, Narasarao Pet. 7. The Mandal Educational Officer, Mandal Veldurthy Mandal, Palnadu District. 8. One CC to Sri Vivekananda Virupaksha Advocate 9. One CC to M/s. K Swarna Seshu(SC for MC [OPUC] 10. Two CCs to GP for Services I (AP) High Court [OUT] 11. Two CCs to GP for Services III (AP) High Court [OUT] 12. Two CD Copies and Accounts, of Finance and Planning Educational Resource Centre [OPUC] Rajahmundry) Advocate of Andhra Pradesh of Andhra Pradesh TF HIGH COURT DATED:22/07/2025 ORDER WP NO. 1972 OF 2024 ^ 2 0 AUG 2025 )g '^>.totntS«to)Xk>' disposing of the W.P., WITHOUT COSTS