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2025 DAILYLAW 49344 (AP)

M.Nagarjuna Rao, v. The State of Andhra Pradesh

WP/14846/2016 · 2025-10-16

Maheswara Rao Kuncheam

body2025

Judgment text

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1 APHC010587212016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 14846 OF 2016 Between: 1. M.Nagarjuna Rao,, S/o Late Sri M.Krishnamuthy, Aged about 58 years, Working as Technical Works Inspector Cum Incharge, Assistant Engineer, Visakhapatnam, Andhra Pradesh. ...Petitioner AND 1. The State of Andhra Pradesh, rep by its Principal Secretary, School Education Department, A.P. Secretariat Buildings, Secretariat, Hyderabad. 2. The State of Andhra Pradesh Education and Welfare, Infrastructure Development Corporation, Rep by its Vice Chairmen and Managing Director, 4th Floor, Rajiv Mission (SSA), Opp. L.B. Stadium, E Gate, Basheerbagh, Hyderabad - 500001. 3. The Executive Engineer, Andhra Pradesh Education and Welfare Infrastructure Development Corporation, Visakhapatnam, A.P. ...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 appropriate Writ or any other order or direction particularly one in the nature of Writ of Mandamus to declare that the petitioner is entitled and eligible for all benefits under the provisions of Payment of Gratuity Act and 2 consequently issue a direction to the respondents to pay the Gratuity as per the Payment of Gratuity Act and encashment of Earned Leave as per Law in the interest of justice and to pass Counsel for the Petitioner: M SHALINI Counsel for the Respondents:GP FOR SCHOOL EDUCATION (AP) Counsel for the Respondents:V CH NAIDU (SC FOR APEWIDC AND RVM SSA The Court made the following order: The writ petition is filed by the petitioner under Art. 226 of the Constitution of India, seeking the following main relief: “to issue appropriate Writ or any other order or direction particularly one in the nature of Writ of Mandamus to declare that the petitioner is entitled and eligible for all benefits under the provisions of Payment of Gratuity Act and consequently issue a direction to the respondents to pay the Gratuity as per the Payment of Gratuity Act and encashment of Earned Leave as per Law in the interest of justice and to pass......” 2. Heard Sri P.Venkatarama Sharma, learned counsel representing Ms.M.Shalini, learned counsel for the petitioner as well as Sri Lankisetti Radha Krishna, learned counsel representing Sri V.Ch.Naidu, learned counsel for respondents 2 and 3. 3. The principal grievance of the petitioner is that he worked as Technical Work Inspector in the respondent Corporation and retired from service. The 3 respondent corporation authorities have not released the gratuity amount and also the leave encashment amount(Earned Leave). 4. The learned Standing Counsel represented by Sri L.Radha Krishna, submits that the petitioner was already paid gratuity amount of Rs.5,74,736/- and the same was not disputed by the learned counsel for the petitioner. In respect of encashment of leave, both the counsels jointly submitted that the matter is squarely covered by the dictum of this Court orders dated 19.07.2022 in W.P.No.30389 of 2015. It is also represented by both the counsels that the 1st respondent after taking into note of the orders of this Court dated 19.07.2022 in W.P.No.30389 of 2015, he issued a memo dated 19.09.2025. 5. In these circumstances, the writ petition is disposed of with the following directions: 1. The petitioner is hereby directed to prefer fresh representation to the 2nd respondent with all details by duly enclosing the copy of order in W.P.No.30389 of 2015 as well as the memo dated 19.09.2025 issued by the 1st respondent Principal Secretary to the Government, within a period of four weeks from today; 2. Thereafter, the 2nd respondent is directed to consider the same strictly in accordance with law in terms of orders of this Court in W.P.No.30389 of 2015 as well as the memo dated 19.09.2025 issued by the 1st respondent, within a period of eight (08) weeks and communicate the said order to the petitioner. 4 There shall be no order as to costs. As a sequel, all pending applications shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date:17.10.2025 Rns 5 THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.14846 of 2016 Date: 17.10.2025 RNS 6