Sykam Kamalakar Rao, v. The State of Andhra Pradesh,
WP/25588/2025 · 2025-09-22
Nyapathy Vijay
body2025
DailyLaw.ai
[ 2025 DAILYLAW 47804 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 47804 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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APHC010498792025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY,THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 25588/2025 Between:
1. SYKAM KAMALAKAR RAO,, S/O. S. KRISHNA MURTHY, AGED ABOUT 60 YEARS,TYPEWRITING INSTRUCTOR (RETIRED), O/O. THE WELFARE COMMISSIONER, A.P.
LABOUR WELFARE BOARD, VIJAYAWADA, R/O. FLAT NO. 501, SMR VINAY CLASSIC, NEAR GOOGLE OFFICE, HYDERABAD
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, LABOUR, EMPLOYMENT, TRAINING AND FACTORIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.
2. THE WELFARE COMMISSIONER, A.P. LABOUR WELFARE BOARD, D.NO. 33-7-6 AND 33-7-14, PAPAIAH STREET, SEETHARAMPURAM, VIJAYAWADA, KRISHNA DISTRICT, ANDHRA PRADESH - 520 002
...RESPONDENT(S):
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Counsel for the Petitioner:
1. V SAI KUMAR Counsel for the Respondent(S):
1. GP FOR SERVICES II The Court made the following:
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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.25588 of 2025
ORDER: The present Writ Petition, under Article 226 of the Constitution of India, is filed to direct the Respondents to implement the order dated 28.07.2015 in W.P.No.2897 of 2009 in its true spirit and to release all consequential benefits, including arrears of salary, pay revision benefits, retirement benefits, and other allowances, along with interest @ 24% per annum from the due date till the date of payment.
2. The Petitioner was initially appointed as Typewriting Instructor on temporary basis. Subsequently, the services of the Petitioner have been regularized on 17.04.2001. On 03.02.2009, the Petitioner was terminated from service. Questioning the same, the Petitioner filed W.P.No.2897 of 2009 before this Court and the same was allowed vide common order dated 28.07.2015 holding as under:
“In the light of the fact that the petitioners‟ services were regularized as far back as 17.04.2001, they have become regular employees of respondent
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No.1 and therefore, the impugned proceedings by which their services were terminated are not sustainable in law. Furthermore, having regard to the subsequent events, viz., their reinstatement in pursuance of the interim orders and their successful discharge as „Computer Operators‟ after having received training, the petitioners are entitled to be continued as regular employees of respondent No.1 and they are also entitled to all the consequential benefits including payment of arrears and pay revisions.
On the above
analysis, the impugned proceedings, dated 03.02.2009, of respondent No.1 are quashed and the Writ Petitions are allowed.”
3. The writ appeal filed thereon i.e., W.A.No.914 of 2015 was dismissed as infructuous on 03.07.2023 by the Division Bench and a Review I.A.No.2 of 2024 was also dismissed vide orders dated 12.07.2024. It is stated that subsequently the Petitioner was reinstated into service and retired on 30.04.2023.
4. The grievance of the Petitioner now is that the retirement benefits due to him have not been paid till date. The Petitioner had subsequently given representations on 11.09.2024 and
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10.02.2025 for release of retirement benefits. However, the same was not being considered. Hence, the writ petition.
5.
Learned counsel for the Petitioner reiterates the
submissions made in the affidavit filed in support of the writ petition. Learned Assistant Government Pleader states that the representations of the Petitioner would be considered in accordance with the rules and appropriate decision will be taken.
6. Having heard the respective counsel, the Writ Petition is
disposed of with the following directions:
The Respondents are
directed to consider the representations of the Petitioner dated 11.09.2024 and 10.02.2025 in the light of the orders passed in W.P.No.2897 of 2009 dated 28.07.2015 as confirmed in W.A.No.914 of 2015 dated 03.07.2023 and release the admissible arrears of salary, pay revision benefits and retirement benefits within a period of three (3) months from the date of receipt of a copy of this order. There shall be no order as to costs.
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As a sequel, miscellaneous petitions pending, if any, shall stand closed. _______________________________ JUSTICE NYAPATHY VIJAY
Date: 23.09.2025
Ivd
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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
WRIT PETITION No.25588 of 2025
Dated 23.09.2025
Ivd