Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 53270 (AP)

M GANGADHARAM v. THE STATE OF AP

WP/22411/2025 · 2025-10-05

Nyapathy Vijay

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010435132025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY. THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 22411 OF 2025 Between: M Gangadharam, S/o. M, Venkataswamy, Aged about 63 Worker, D.No. 19-4-80/2, S.T.V. Nagar, Tirupati, Tirupati District years. Retired P.H. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Municipal Administration Urban Development Secretariat at Velagapudi, Amaravathi, Guntur District Department A.P. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary Finance Planning Department, A.P. Secretariat at Velagapudi, Amaravathi, Guntur District 3. The Commissioner, Municipal Corporation of Tirupati, Tirupati, Tirupati District 4. The Director of Treasuries Accounts, Government of Andhra Pradesh, Ibrahimpatnam, NTR District 5. The Deputy Director, District Treasury Office, Tirupati, Tirupati District ...Respondents praying that in the may be Petition under Article 226 of the Constitution of India circumstances stated in the affidavit filed therewith, the High Court pleased to issue an appropriate Writ, order or direction mostly one which is i the nature of a Writ of Mandamus declaring the inaction of the Respondents in releasing the Pensionary benefits including the Death-cum-Retirement Gratuity (DCRG) of 16,00,000/- and the Earned Leave (EL) encashment of the Petitioner after having superannuated on 30-06-2024 as illegal, arbitrary, violative of Articles 14, 21 and 300-A of the Constitution of India and contrary to the A.P. Revised Pension Rules, 1980, Payment of Gratuity Act, 1972 and unsustainable and consequently direct the Respondents to release the Pensionary benefits including the Death-cum-Retirement Gratuity (DCRG) of 16,00,000/- along with interest as per Payment of Gratuity Act, 1972 and the Earned Leave (EL) encashment of the Petitioner. lA 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 to direct the Respondents to release the Pensionary benefits including the Death-cum-Retirement Gratuity (DCRG) of 16,00,000/- and the Earned Leave (EL) encashment of the Petitioner. Counsel for the Petitioner: SRI SODUM ANVESHA Counsel for the Respondent No.3: SRI POTHAM VENGALA REDDY SC For M.Corporation in Rayalaseema region In Counsel for the Respondents No.1, 2, 4, 5: GP FOR SERVICES I The Court made the following order: F 1 APHC010435132025 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: 22411/2025 Between: M Gangadharam ...PETITIONER AND The State Of AP and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.SODUM ANVESHA Counsel for the Respondent(S): 1.POTHAM VENGALA REDDY SC For M.Corporation in Rayalaseema region In 2.GP FOR SERVICES The Court made the following: 2 r THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY W.P.No.22411 of 2025 ORDER: The present Writ Petition is filed questioning the non-release of the Pensionary benefits including Gratuity and Earned Leave to the Petitioner, who had superannuated on 30.06.2024 as illegal and arbitrary. The Petitioner had retired from service on 30.06.2024 on attaining the 2. age of superannuation while working as Public Health Worker in the Respondent No.3 Corporation. Though the Petitioner was paid part of the amounts due under pensionary benefits, the Petitioner was not paid Gratuity and Earned Leave till date. Hence, the present Writ Petition is filed by the Petitioner. In the Counter Affidavit filed by the Respondent No. 3, there is no 3. dispute to the facts urged by the Petitioner in the Writ Petition. It is stated in paragraph No. 4 of the Counter Affidavit that the Respondent No. 3 had released Death-cum-Retirement Gratuity vide Roc. No. 2595/2024/B1, dated 01.08.2024, to the Respondent No. 5, for payment as per the rules in force. As regards the Earned Leave, it is stated that the amount was calculated as s 3 Rs. 11,53,218/- and the same No.2025-1384931 for was raised in the payment portal vide CFMs -cum- will be paid by the the Respondent No. 3 is only a forwarding payment. It is further stated that the Death Retirement Gratuity and encashment of Earned Leave Respondent No. 5 and that Authority. 4. Considering the fact that there i no dispute to the amount claimed by the Petitioner, the Writ Petition is disposed of with the following directions: IS i) The Respondents are directed to Gratuity as well as the Earned Leave to the pay Death-cum-Retirement Petitioner within a period of two months from today in accordance with the rules iin vogue. ii) There shall be no order as to costs. As a sequel, the miscellaneous Petitions, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// To, SECTION OFFICER 1. The Principal Secretary, Municipal Administration Urban Development Department A.P. Secretariat at Velagapudi, Amaravathi, Guntur District 2. The Principal Secretary Finance & Planning Department, A.P. Secretariat at Velagapudi, Amaravathi, Guntur District 3. The Commissioner, Municipal Corporatio District of Tirupati, Tirupati, Tirupati n 4. The Director of Treasuries Accounts, Government of Andhra Pradesh, Ibrahimpatnam, NTR District 5. The Deputy Director, District Treasury Office, Tirupati, Tirupati 6. One CC to SRI SODUM ANVESHA Advocate [OPUC] 7. One CC to SRI POTHAM VENGALA REDDY SC For M.Corporation i Rayalaseema region In Advocate [OPUC] 8. Two CCS to GP FOR SERVICES I High Court [OUT] 9. Two CD Copies District in of Andhra Pradesh HIGH COURT DATED:06/10/2025 ORDER WP NO. 22411 OF 2025 ^ 0 J NOV 2025 ^v£uiTCnt SectiQivx^j/ iSL DISPOSING THE WP WITHOUT COSTS