I APHC010516482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE THIRTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No: 26601 OF 2025 Between: A.Madhusudhana Rao, S/o.Umamaheswararao(late), age 65 Years, Asst. City Planner(Retired), Tadepalligudem Municipality, R/0.H.N0.I-I8/A, No. 61, N.S.Raju Elite Township, Housing Board Colony, Tadepalligudem W.G. District. A.P. Plot ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Chief Secretary to Government, Municipal Administration & Urban Development Dept, Govt, of Andhra Pradesh, A.P. Secretariat, Block No. 2, Velagapudi, Guntur Disrtrict. 2. The State of Andhra Pradesh, Rep by its Chief Secretary to Government, Finance & Planning Dept. Govt, of Andhra Pradesh, A.P. Secretariat, Velagapudi, Guntur Disrtrict. 3. The Principal Accountant General, Andhra Pradesh, Stalin Central Mall, Door No. 27-37-158, 6*^ & 7**^ Floor, M.G.Road, Governorpet, Vijayawada, N.T.R. District. 4. The Director of Country and Town Planning, Govt of Andhra Pradesh Mangalagiri, Guntur District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstancesstated 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 declarinig the action of the respondents not paying the all retirement benefit to the petitioner in view of the Letter Rc.No. 1595/2020/M 1, dt.20.08.2020 of the 4**^ respondent (Ex.P.1) framing the Draft charge as illegal, arbitrary, contrary to law and violation of provisions of Articles 14,16 and 21 of Constitution of India , violation of Principles of natural justice and set aside same above letter of the 4*^ respondent and further . direct the respondents to pay the full pension, remaining part of 20% gratuity which was illegally withhold, arrears of salary and other retirement benefits forth with. 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 pay the fpll pension and remaining 20% Gratuity to the petitioner by considering the representation of the petitioner date 8.10.2024. Counsel for the Petitioner: SRI T.V.V.KOTESWARA RAO Counsel for the Respondent Nos.1 & 4: GP FOR SERVICES-I Counsel for the Respondent No.2: GP FOR FINANCE & PLANNING Counsel for the Respondent No.3: M/s. SWARNA SESHU, SC FOR ACCOUNTANT GENERAL The Court made the following order: I I APHC010516482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY,THE THIRTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 26601/2025 Between: A. Madhusudhana Rao ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1 .T VV KOTESWARA RAO Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following: p 2 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.26601 of 2025 O R DE R: The present Writ Petition is filed questioning the action of the Respondents in not paying the retirement benefits in entirety to the Petitioner in view of the Letter in Rc.No. 1595/2020/M 1, dated 20.08.2020 of the Respondent No.4 as illegal and arbitrary. The Petitioner was initially appointed as Surveyor in Town and Country Planning Department on 22.10.1991 and subsequently he was promoted as Assistant City Planner in the On attaining the age of superannuation, the Petitioner had retired from service on 30.06.2020. While so, on 2. year 2016. the basis of a surprise inspection on the Town Planning Section of Tadepalligudem Municipality by the A.C.B, draft Articles of Charges were furnished to the Petitioner vide Letter in ROC.No. 1595/2020/MI, dated 20.08.2020, alleging that the Petitioner was responsible for certain works while working in the Tadepalligudem Municipality. However, no Charge Memorandum was issued to the Petitioner. 3 3. Taking note of the contemplation of discipilinary proceedings, the Government had accorded sanction of 80% of Retirement Grauity vide G.O.Rt.No.1097, Planning (FE-Pen-I) Department, dated 22.06.2000 provisional pension was paid. Finance and and 4. The grievance of the Petitioner is that though the Petitioner had retired from service on 30.06.2020, disciplinary enquiry was initiated and therefore, the Petitioner i no IS entitled to full retirement benefits. 5. When the matter was taken up for hearing 08.10.2025, the learned Assistant Governemnt Pleader sought time for getting instructions as to whether Articles of Charges were issued to the Petitioner under the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules on 1991, or not. 6. Learned Assistant Government Pleader passed on the signed Written Instructions of the Respondent No.4 vide Letter in ROC.No.2998617/2025/MI, dated 13.10.2025, wherein it is stated that the Governemnt vide No.2556446A/ig.ll/2024/A1, dated 23.10.2024 had Memo requested 0 the Director General to furnish the draft articles of charges against the Petitioner for framing of articles of charges under Section 20 of ARCS (CC &A) Rules, 1991 and that the Government Orders are awaited. 7. It is further mentioned in the said Written Instructions that the Petitioner was paid a provisional pension at the rate of 75 and a gratuity to the extent of 80%, as mentioned above, was paid to the Petitioner. It is further mentioned that the Petitioner had submitted a Representation on 08.10.2024 for sanction of full pension and the remaining 20% Grauity and the same is forwarded to the Government, and orders are awaited.. 8. Heard the respective counsel. 9. Though the Letter dated 20.08.2020 states that draft articles of charges were issued to the Petitioner, the Letter does not disclose any Draft Articles of charges being issued to the Petitioner. Further, the Written Instructions passed by the learned Assistant Government Pleader states that the Government had requested the Director General to furnish the draft articles of charges for framing charges under Rule 20 of 5 ARCS (CC & A) Rules, 1991. However, as on date, no draft articles of charges nor any charge memorandum had been issued to the Petitioner. As the Petitioner had retired from service on 30.06.2020, and after a lapse of four years from the date of retirement, no Charge Memorandum can be issued to the Petitioner in view of Rule 9 (2) (b) of the A.P. Revised Pension Rules, 1980, which mandates the issuance of Charge Memorandum within four years from the date of the incident. 10. Rules 9 (2) (b) of the A.P. Revision Pension Rules, 1980, reads as under; 9. Right of Government to withhold or withdraw pension : (2) (b) The Departmental proceedings, if not instituted while the Government servant was in service, whether before his retirement or during his re-employment: (i) shall not be instituted save with the sanction of the Government; 00 shall not be in respect of any event which took place more than four years before such institution: 11. In view of the above, the Writ Petition is allowed and the Respondent Authorities are directed to pay full pension and the remainder of retirement to the Petitioner within a period of three months from the date of receipt of a copy of this Order. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any shall stand closed. A55ISTANT^GISTfJAR SECT/ //TRUE COPY// OFFICER Tp, 1. The Chief Secretary to Government, Development Dept, State of Andhra Velagapudi, Amaravati, Guntur Disrtrict. 2. The Chief Secretary to Government Andhra Pradesh Secretariat, 3. The Principal Accountant General Door No. 27-37-158, 6‘^ Vijayawada, N.T.R. District. . 4. The Director of Country & Town Mangalagiri, Guntur District. 5. One CC to Sri T.V.V.Koteswara Rao, « 6. Two CCs to GP for Services-I 7. Two CCs to GP for Finance & [OUT] 8. One CC to M/s. Swarna Seshu 9. Two CD Copies. Municipal Administration & Urban Pradesh, Secretariat, Block No. 2 Finance & Planning Dept, State of Velagapudi, Amaravati, Guntur Disrtrict. Andhra Pradesh, Stalin Central Mall & 7*^ Floor, M.G.Road, Governorpet Planning, Govt of Andhra Pradesh Advocate fOPUC] High Court of Andhra Pradesh [OUT] Planning, High Court of Andhra Pradesh. lu, SC for Accountant General. [OPUC] ssb HIGH COURT DATED:13/10/2025 ORDER WP No. 26601 OF 2025 S( 3 0 OCT 2025 U rrentSoctisfLX' M* • *1 y&i' (y ALLOWING THE WRIT PETITION WIHTOUT COSTS