APHC010476952024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY, THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 24609/2024 Between: 1. P KAMALAKAR NAIDU, S/O LATE SRI N.P.SAMBASIVA NAIDU, AGED 64 YEARS, RETIRED ASSISTANT EXECUTIVE ENGINEER PRI, SUB-DIVISION, PALAMANERU, CHITTOOR DISTRICT, R/O H.NO.2-1287, B.V.REDDY COLONY, KONGAREDDYPALLI, CHITTOOR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, Rep by its Special Chief Secretary Panchayat Raj and Rural Development Department, Room No. 103, A.P.Secretariat, Velagapudi, Guntur District. ...RESPONDENT 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 Order or Direction more particularly one in the nature of Writ of Mandamus declare the impugned Charge Memo issued in G.O.Rt.No. 34 Panchayat Raj and Rural Development (Vig.ll) dated. 10-01-2024 issued by the respondent for the incident relates to the year 2018-2019 which is beyond (4) years contrary to Rule 9(2)(b)(ii) of A.P Revised Pension Rules 1980, as illegal, arbitrary, unsustainable in law declared by the Honble Apex Court in STATE OF U.P. AND ANOTHER Versus Shri Krishna Pandey (1996) 9 see 395 and quash the same, in terms of 2 the similar orders passed by a Division Bench in W.P.No.25587/2018 and Batch, dated. 15-11-2018 and WANo.453 of 2021 and Batch dated 16-9-2021 consequently direct the respondents herein to settle the retirement benefits immediately and to pass such other order. IA 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 may be pleased to Stay all further proceedings in pursuance with the impugned G.O.Rt.No.34, Panchayat Raj and Rural Development (VIG.II) Department, dated 10-01-2024 issued by the respondent, which is contrary to Rule 9(2)(b)(ii) of A.P. Revised Pension Rules 1980, pending disposal of the above writ petition and pass such other order. Counsel for the Petitioner: 1. BUGULU SREETEJA Counsel for the Respondent: 1. GP FOR SERVICES IV The Court made the following: 3 HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.24609 of 2024 ORDER: 1. In the present Writ Petition, the Charge-Memorandum issued by the Respondent-State vide G.O.Rt.No.34, Panchayat Raj & Rural Development (Vig.II), dated 10.01.2024 was challenged on the ground that the same is in contravention of Rule 9(2)(b)(ii) of the A.P. Revised Pension Rules, 1980 since the incident pertains to the year 2018-19. 2. At the time of hearing, learned counsel for the Petitioner Mr. Bugulu Sreeteja submits that the Government had issued G.O.Rt.No.691, Panchayat Raj & Rural Development (Vig.II) Department, dated 26.08.2025 dropping further action against the Petitioner holding that the charges framed against the Petitioner are not proved in the enquiry. The relevant portion of the above referred Government Order is extracted below; “6. After careful examination of the entire matter, Government hereby drop the further action against Sri P. Kamalakar Naidu, the then AEE, PRI Section, Chittoor, retired on 30.06.2020, in the subject matter, as the charges framed against him, are held as not proved in the inquiry.” 4 3. In view of the same, no further orders are required to be passed in this Writ Petition. 4. Accordingly, the Writ Petition is closed. 5. No orders as to costs. 6. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 06.10.2025 IS 5 HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.24609 of 2024 Date: 06.10.2025 IS