APHC010462422024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY, THE THIRTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 24127/2024 Between: 1. E M S V S S NARAYANA MANI, AGED 71 YEARS, RETIRED SENIOR ASST, R/O. 9-16/4, RAMANAYYAPETA , NEAR SRI CHAITNAYA INTERNATIONAL SCHOOL, KAKINADA ...PETITIONER AND 1. THE STATE OF AP, REP. BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDING VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE CHIEF COMMISSIONER OF LAND ADMINISTRATION, GOVERNMENT OF ANDHRA PRADESH, GOLLAPUDI, VIJAYAWADA, KRISHNA DISTRICT-521225. 4. THE DISTRICT COLLECTOR, KAKINADA DISTRICT, KAKINADA, (ERSTWHILE) EAST GODAVARI 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 a writ of mandamus declaring the action of the 2 respondents in not paying Pension and other retirement benefits viz., commutation of pension. Group Insurance, Earned Leave salary etc., as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and consequently direct the respondents to regulate the period of suspension, pension and release other retirement benefits viz., commutation of pension. Group Insurance, Earned Leave salary etc., along with interest @ 12 per cent from the date of his retirement till the date of payment, and pass such other order or orders as this Hon'ble court may deem fit and proper in the circumstances of the case. Pending disposal of the writ petition, the Honble Court may be pleased to direct the respondents 1 and 2 to pay Pension, Provident Fund, Group Insurance, and Gratuity, forthwith to the petitioner and 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 to direct the respondents 1 and 2 to pay Pension, Provident Fund, Group Insurance, and Gratuity, forthwith to the petitioner Pending disposal of the writ petition and pass such other order. Counsel for the Petitioner: 1. MANOJ KUMAR BETHAPUDI Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.24127 of 2024 ORDER: 1. The present Writ Petition is filed questioning the action of Respondents in not paying Pension and other retirement benefits viz., Commutation of Pension, Group Insurance and Earned Leave Salary etc., as illegal and arbitrary. 2. Initially, the Petitioner was appointed as Junior Assistant in the Revenue Department in January, 1982, thereafter he was promoted as Senior Assistant in the year 1986 and had retired from service on 31.10.2011 on attaining the age of superannuation of 58 years. 3. In the year 1998, a criminal case was registered against the Petitioner by his wife for the offence punishable under Section 498-A IPC before the Additional Judicial First Class Magistrate, Kakinada. Pursuant to the criminal case, the Petitioner was placed under suspension on 27.09.1998 and after a period of two (2) years he was reinstated into service on 13.11.2000. In the course of time, the Petitioner was acquitted of the charge for the offence punishable under Section 498-A IPC in C.C.No.504 of 2000 vide Judgment dated 05.09.2002 delivered by the Special Mobile Magistrate, Kakinada. 4 4. In spite of the acquittal in the criminal case and in the absence of any enquiry, the Petitioner was not sanctioned pension, nor paid retirement benefits as mentioned above. Hence, the present Writ Petition is filed. 5. Heard Sri Gandham Raghavendra Pavan, learned counsel representing Mr. Monoj Kumar Bethapudi, learned counsel for the Petitioner and the learned Assistant Government Pleader appearing for the Respondents. 6. The learned Assistant Government Pleader on instructions submits that a representation was made by the Petitioner to Respondent No.4 seeking for regularization of the period of suspension from 27.09.1998 till 13.11.2000 and for retirement benefits. In that context, proposals were sent along with Service Register of the Petitioner to the Chief Commissioner of Land Administration & Special Chief Secretary, Andhra Pradesh, Mangalagiri, who in turn had forwarded the proposals to the Government on 10.03.2025 for regularization of service of the Petitioner and for other consequential benefits vide Office Ref.Admin-2/e- 39522/2024, dated 21.05.2025 and Office Ref.Admin-2/e-39522/2024, dated 30.06.2025. 5 7. There is no dispute with regard to the claim of the Petitioner for pension and retirement benefits and secondly there is no explanation for the delay in processing the payment of provisional pension and paying retirement benefits to the Petitioner. 8. The retirement benefits are considered to be the property under Article 300-A of the Constitution of India and denial of the right can be only by way of a legally accepted procedure. In this case, there is no explanation for delaying retirement benefits for a period of 14 years. 9. Therefore, the Writ Petition is disposed of with the following directions; (i) The Respondents are directed to sanction Pension to the Petitioner from the date of his retirement; (ii) The Respondents shall also pay the retirement benefits i.e., Commutation of Pension, Group Insurance and Earned Leave Salary etc., within a period of eight (8) weeks from the date of receipt of a copy of this order. (iii) The amounts shall be paid with interest @ 9% p.a. from the date of retirement of the Petitioner; (iv) No order as to costs. 10. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 13.11.2025 IS 6 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.24127 of 2024 Dated: 13.11.2025 IS