APHC010543482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY,THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 28059/2025 Between: 1. A. KOUSALYA,, AGED 72 YEARS, S/O LATE K.S. MANI, D.NO. 15-696, BEHIND THAPOVANAM, SARAVANAPURAM, CHITTOOR DISTRICT PRESENTLY RESIDING AT 1107, TOWER 11, WING -2 PRESTIGE ROYAL GARDENS, DODDABALLAPUR MAIN ROAD, AVALAHALLI, BANGALORE - 560064 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, TREASURIES AND ACCOUNTS DEPARTMENT, (FINANCE DEPARTMENT), SECRETARIAT COMPLEX, AMARAVATHI, REP BY ITS PRINCIPAL SECRETARY 2. THE DIRECTOR, TREASURIES AND ACCOUNTS DEPARTMENT, 4TH FLOOR, RAJARAM BUILDING, TILAK ROAD, ABIDS, HYDERABAD. 3. THE ACCOUNTANT GENERAL, ANDHRA PRADESH, VIJAYAWADA. 4. THE DEPUTY DIRECTOR, DISTRICT TREASURY OFFICE, CHITTOOR 5. THE JUNIOR ACCOUNTS OFFICER, K. SECTION, O/O THE DIRECTOR, TREASURIES AND ACCOUNTS, VIJAYAWADA, ANDHRA PRADESH 2 6. THE SUBTREASURY OFFICER, O/O DISTRICT TREASURY OFFICER, CHITTOOR. ...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 topleased to pass an order or direction or any other proceedings one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the pensionary benefits of my late husband K.S.Mani including Gratuity, Encashment of EL, Dearness Relief, pension arrears with increments and not regularizing the Family pension which was made notionally and all other incidental benefits as unjustified, arbitrary, illegal, capricious and violative principles of natural justice besides violating the petitioners rights guaranteed under Article 14, 16, 19 and 21 of the Constitution of India and consequently direct the respondents to release all the pension and terminal benefits with all consequential benefits accrued and arising out of the same together with interest that are due to the petitioner's husband and to regularize the notional family pension along with arrears to the petitioner IA 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 pleased to direct the respondents to forthwith pay the petitioner’s all the pensionary benefits of her late husband pending disposal of the writ petition Counsel for the Petitioner: 1. HARISH KUMAR RASINENI Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 3 HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.28059 of 2025 ORDER : The present Writ Petition is filed questioning the action of the Respondents in not releasing the Pensionary Benefits of the Husband of the Petitioner (hereinafter referred to as ‘late K.S.Mani’) including Gratuity, Encashment of Earned Leave (E.L), Dearness Allowance etc., and not regularizing the Family Pension as illegal and arbitrary. 2. The facts leading to filing of this case are as follows:- The husband of the Petitioner namely late K.S.Mani, while working as Sub-Treasury Officer, placed under suspension on account of his involvement in a Criminal Case (C.C.No.5 of 2003), which was registered against him along with others. Later, late K.S.Mani retired from the service on 31.05.2004 upon attaining the age of Superannuation and died on 30.04.2005. Consequent to his death, the Criminal Case registered against late K.S.Mani was dismissed as abated by the Addl. Special Judge for S.P.E and A.C.B Cases-cum-V Additional Chief Judge, CCC, Hyderabad on 10.08.2005. 4 3. It is stated that the Petitioner applied for release of family pension and other retirement benefits and though the Petitioner was sanctioned family pension by Respondent No.1, but other retirement benefits like Gratuity, Encashment of Earned Leave (E.L) and other benefits were not released. As the retirement benefits of K.S.Mani have not been released in spite of repeated representations, the present writ petition is filed. 4. Learned Assistant Government Pleader, Sri S.Raju, on instructions, would submit that the Family Pension in favour of the Petitioner was sanctioned on 01.05.2005 and the Treasuries Department is awaiting further directions regarding the settlement of withheld pensionary benefits such as Gratuity and Earned Leave encashment in respect of Late Sri K.S.Mani. 5. Heard Sri Harish Kumar Rasineni, learned counsel for the Petitioner and Sri S.Raju, Assistant Government Pleader for Services-I for the Respondents. 6. As there is no dispute about the entitlement of the amounts of Late K.S.Mani, since the Criminal Case filed against him has been dismissed as abated and in the absence of disciplinary proceedings, there is no reason for the Respondent Authorities to withhold the Retirement Benefits. 5 7. Considering the written instructions, the writ petition is disposed of with the following directions: (i) The Respondent Authorities are directed to finalize the amounts due towards retirement benefits of Late K.S.Mani payable to the Petitioner with interest @ 7% per annum and to pay the amount to the Petitioner within a period of Eight (8) weeks from the date of receipt of a copy of this order. (ii) No order as to costs. As a sequel, the miscellaneous petitions if any shall stand dismissed. ___________________ NYAPATHY VIJAY, J Date: 04.11.2025 KLP