Extracted from the PDF above. The PDF is authoritative.
APHC010573542025
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: 30079/2025 Between:
1. M VAJRAM, W/O T.RAMULU, AGED 67 YEARS, TYPEWRITING INSTRUCTRESS (RETD), O/O THE WELFARE COMMISSIONER, A.P. LABOUR WELFARE BOARD, VIJAYAWADA, RESIDENT OF H.NO.34- 20-29/288, 13TH LANE, SARADACOLONY, GUNTUR, ANDHRA PRADESH-522002.
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, LABOUR,
EMPLOYMENT, TRAINING AND FACTORIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.
2. THE WELFARE COMMISSIONER, A.P. LABOUR WELFARE BOARD, D.NO. 33-7-6 33-7- 14, PAPAIAH STREET, SEETHARAMPURAM, VIJAYAWADA, KRISHNA DISTRICT, ANDHRA PRADESH - 520 002.
...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 issue a Writ of Mandamus or any other appropriate writ, order or direction, directing the respondents to implement the order dated 28.07.2015 in W.P. No.
2 6958 of 2009 in its true spirit and to release all consequential benefits, including arrears of salary, pay revision benefits, retirement benefits, and other allowances, along with interest @ 24PERCENT per annum from the due date till the date of payment consequentially direct the respondents to consider the representation dated 11.09.2023 in the light of the orders in WP No.6958 of 2009 Dated 28.07.2015 forthwith and to pass 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 consider the representations dated: 11.09.2023 in the light of the orders in WP No. 6958 of 2009 Dated:28.07.2015 forthwith pending disposal of the above writ petition and pass Counsel for the Petitioner:
1. V SAI KUMAR Counsel for the Respondent(S):
1. GP FOR LABOUR The Court made the following:
3 HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.30079 of 2025
ORDER :
The present Writ Petition is filed to direct the Respondents to implement the order dated 28.07.2015 in W.P.No.6958 of 2009 in its true spirit and to release all consequential benefits, including arrears of salary, pay revision benefits, retirement benefits, and other allowances, along with interest @ 24% per annum from the due date till the date of payment.
2. The Petitioner was initially appointed as Typewriting Instructor on temporary basis. Subsequently, the services of the Petitioner have been regularized on 07.04.2001. On 03.02.2009, the Petitioner was terminated from service. Questioning the same, the Petitioner filed W.P.No.6958 of 2009 before this Court and the same was allowed vide common order dated 28.07.2015 holding as under:
“In the light of the fact that the petitioners services were regularized as far back as 17.04.2001, they have become regular employees of respondent No.1 and therefore, the impugned proceedings by which their services were terminated are not sustainable in law. Furthermore, having regard to the subsequent events, viz., their reinstatement in pursuance of the interim orders and their successful discharge as „Computer Operators‟ after having received training, the petitioners are
4 entitled to be continued as regular employees of respondent No.1 and they are also entitled to all the consequential benefits including payment of arrears and pay revisions. On the above analysis, the impugned proceedings, dated 03.02.2009, of respondent No.1 are quashed and the Writ Petitions are allowed.”
3. The writ appeal filed thereon i.e., W.A.No.914 of 2015 was dismissed as infructuous on 03.07.2023 by the Division Bench and a Review I.A.No.2 of 2024 was also dismissed vide orders dated
12.07.2024. It is stated that the Petitioner was retired on 31.01.2018.
4. The grievance of the Petitioner now is that the retirement benefits due to her have not been paid till date. The Petitioner had subsequently given representation on 11.09.2023 for release of retirement benefits. However, the same was not being considered. Hence, the writ petition.
5.
Learned counsel for the Petitioner reiterates the submissions made in the affidavit filed in support of the writ petition.
6. Learned Assistant Government Pleader states that the representation of the Petitioner would be considered in accordance with the rules and appropriate decision will be taken.
5
7. Having heard the respective counsel, the Writ Petition is
disposed of with the following directions: (i) The Respondents are
directed to consider the representation of the Petitioner dated 11.09.2023 in the light of the orders passed in W.P.No.6958 of 2009 dated 28.07.2015 as confirmed in W.A.No.914 of 2015 dated 03.07.2023 and release the admissible arrears of salary, pay revision benefits and retirement benefits within a period of three (3) months from the date of receipt of a copy of this order. (ii) There shall be no order as to costs. As a sequel, the miscellaneous petitions if any shall stand dismissed. ___________________ NYAPATHY VIJAY, J Date: 04.11.2025 KLP