V IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) THURSDAY ,THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 10246 OF 2025 Between: Annepu Krishna Rao, S/o late A. Ammadu, aged about 63 years, Resident of D.No. 9-28-8/2, Tiruven Vikas Residency, Baiaji Nagar, Near Tycoon Hotel, CBM Compound, Visakhapatnam (Urban), Andhra Pradesh. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Special Chief Secretary, Municipal Administration and Urban Development Department, A.P. Secretariat Buildings, Amaravathi, Velgapudi, Guntur District. 2. The Engineer-in-Chief, Public Health, Tadepalli, Guntur District 3. The Superintending Engineer, Public Health Engineering Circle, Seethammadhara North Extension Layout, Visakhapatnam - 530013 ...RESPONDENTS 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, or other appropriate writ, order or direction, declaring the action of the respondents herein in not releasing the payment of 80% Gratuity and earned leave in so far as the petitioner despite representation dated 13-09-2024 given to the 1st respondent herein as illegal, arbitrary and unjust, violation of Article 14 and 21 of the Constitution of India and consequently direct the respondents to pay encashment of earned leave and 80% gratuity to 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 herein forthwith to consider and appropriate orders on the representations dated 04-06-2021 and 13-09- 2024 submitted by the petitioner, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI. P DURGA PRASAD pass Counsel for the Respondents: GP FOR SERVICES I The Court made the following Order: - . r-t JVM IV I CGR, J. W.PNo. 10246 of 2025 APHC010201682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 10246/207/^ [3506] Between; Annepu Krishna Rao ...PETITIONER AND The State of Andhra Pradesh and Others Counsel for the Petitioner: 1.P. DURGAPRASAD Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following: ORDER: ...RESPONDENT(S) The present writ petition is filed seeking the following relief; “...to issue a Writ of Mandamus or other appropriate writ order or direction declaring the action of the respondents herein in not releasing the payment of 80 per cent Gratuity and earned -ffno ono? petitioner despite representation, dated 13^09.2024, given to the respondent herein, as illegal arbitrary and unjust violation of Articles 14 and 21 of the Constitution of India and consequently, direct the to pay encashment of earned leave and 80 the petitioner and to pass respondents per cent gratuity to CGR, J. W.P.No. 10246 of 2025 2. Heard Sri P. Durga Prasad, learned counsel for the petitioner and learned Assistant Government Pleader for Services-I for respondents. Petitioner retired from service as Executive Engineer, (PH), Vizianagaram, on 31.05.2021 on attaining the age of superannuation. During his service, ACB trap case vide C.C.No.400015/2015 on the file of Special Judge for SPE and ACB Cases, Visakhapatnam, was registered against him along with others and the same is pending trial. Though petitioner has retired from service, on account of pendency of aforesaid criminal case, the respondents have retained the gratuity, encashment of earned leave and other benefits. Petitioner has made representation, dated 13.09.2024, G.O.Rt.No.1097, Finance and Planning (FE.Pen.l) Department, dated 22.06.2000, claiming for releasing of the retiremental benefits in terms of the same. However, as the respondents have not passed any orders, petitioner preferred present writ petition. 3. by placing reliance on Learned counsel for petitioner by referring to G.O.Rt.No.1097, dated 22.06.2000, contends that respondents-are not entitled to withhold all the amounts on mere pendency of criminal case and that petitioner is entitled to be paid 80% of retirement gratuity besides releasing encashment of earned leave. Petitioner has also placed Reliance on orders passed by the Coordinate Bench of this Court in W.P. 4. CGR, J. W.P.No.10246 of 2025 % No.33884 of 2022. vvhich followed the orders passed by the Division Bench of this Court in WP. No.2545 of 2000, which has considered the purport of G.O.Rt.No.1097, dated 22.06.2000. Assistant Government Pleader for Services-I appearing for respondents does not refute the aforesaid contentions. Learned 5. 6. A Coordinate Bench of this Court in W.P. No.33884 of 2022. while of G.O.Rt.No.1097, Finance and Planning considering the purport (FE.Pen.l) Department, dated 22.06.2000, held as follows; “...8. On a perusal of the material on record, this uourt observe- that the Government vide G.O.Rt.No.1097, F'^ance and Planning (FE.Pen.l) Department, dated 22.06.2000 issued guidelines about Encashment of Earned Leave and Retirement Gratuity, reads as follows; “B. Encashment of Earned Leave. As per the orders issued in G.O. 4th read above, the authority competent to grant leave, in the above mentioned cases may withhold whole or part of cash eguivalent of earned leave, if in the view of the competent authority there is a possibility ot some money becoming recoverable from him on conclusion of the proceedings against him. On conclusion, the retired employee will become eligible to the amount so withheld after adjustment of the Government dues, if any. As such. Encashment of Earned Leave can be regulated accordingly. C Retirement Gratuity; According to clause (C) of sub rule (1) of rule 52 of the Andhra Pradesh Revised Pension Rules, 1980, no Gratuity shall be paid until the conclusion of the departmental or judicial proceedings and issue of final orders. According to the proviso to the above said rule where departmental proceedings have beeri instituted under Rule 9 of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rujss, 1991 for imposing any of the penalties specified in clauses (i), (ii) and (iv) of Rule 9 of the said Rules, except 4 CGR, J. W.P.No.10246 of 2025 the cases falling under sub-rule (2) of ruie 22 of the said Rules, the Government Servant. It is also further provided in the said rule that where a conclusion has been reached that a portion of pension only should be withheld or withdrawn and the retirement gratuity remains unaffected in the contemplated final orders, the retirement can be released up to 80% of the eligible retirement gratuity.” 9. Admittedly, according to clause (c) of sub-rule (1) of rule 52 of the Andhra Pradesh Revised Pension Rules, 1980, no Gratuity shall be paid until the conclusion of the departmental or judicial proceedings and issuance of final orders. According to the proviso to the above said rule, where departmental proceedings have been instituted under Rule 9 of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991, for imposing any of the penalties specified in clauses (i), (ii) and (iv) of Rule 9 of the said rules, except the cases falling under sub-rule (2) of Rule 22 of the said Rules, the Government Servant. It is also further provided in the said rule that where a conclusion has been reached that a portion of pension only should be withheld or withdrawn and the retirement gratuity remains unaffected in the contemplated final orders, the retirement gratuity can be released up to 80% of the eligible retirement gratuity. Having regard to the facts and circumstances of the case and on perusing the entire material on record, this Court is of the opinion that, a learned Division Bench of this Court in W.P.No.2545 of 2000, considered the scope of G.O.Rt.No.1097, dated 22.06.2000 and permitted the retired Government Servant to withdraw the amount on encashment of Earned Leave available to the credit of his account along with 80% retirement gratuity. 10. Therefore, following the principle laid down in the above judgment, adhering to G.O.Rt.No.1097, dated 22.06.2000, the petitioner is entitled to Encashment of Earned Leave and 80% retirement gratuity and accordingly, the respondents are directed to pay Encashment of Earned Leave and 80% retirement gratuity to the petitioner and encashment of earned leave, as entitled by the petitioner, in accordance with law, within a period of two (02) months from the date of receipt of a copy of this order.” 11. Accordingly, the writ petition is disposed of and the respondents are directed to pay Encashment of Earned Leave and 80% retirement 7. 5 CGR, J. W.P.No.10246 of 2025 gratuity to the petitioner, in accordance with law, within a period of two months from the date of receipt of a copy of this order. No costs. As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed. Sd/- G. HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Special Chief Secretary, Municipal Administration and Urban Development Department, A.P. Secretariat Buildings, Amaravathi, Velgapudi, Guntur District. 5 2. The Engineer-i^rChief, Public Health, Tadepalli, Guntur District The Superinten^ipg^Epgineer, Public Health Engineering Circle, Seetbammadhara North Extension Layout, Visakhapatnam - 530013 3. 4. One CC to SRI. P DURGA PRASAD Advocate [OPUC] 5. Two CCs to GP for SERVICES I ,High Court Of Andhra Pradesh. [OUT] 6. Three CD Copies vna HIGH COURT DATED;24/04/2025 ORDER WP.No.10246 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS