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High Court of Andhra Pradesh · body

2025 DAILYLAW 59476 (AP)

D SRINIVASA RAO v. The State of Andhra Pradesh,

WP/36153/2025 · 2025-12-29

Nyapathy Vijay

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010696022025 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 36153/2025 Between: 1. D SRINIVASA RAO, S/O.NAGAIAH, AGED ABOUT 65 YEARS, OCC. RETIRED EMPLOYEE, CR AND MO, WORKING AS PROJECT OFFICER, TRAINING CUM PRODUCTION CENTRE, APDASCAC, ONGOLE, PRAKASAM DISTRICT R/O.37 RAMNAGAR, ONGOLE, PRAKASAM DIS 1. THE STATE OF ANDHRA PRADESH, REP BY ITS SPECIAL CHIEF SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, WOMEN, CHILDREN, SENIOR CITIZENS DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 3. THE DIRECTOR OF TREASURIES AND ACCOUNTS, 1ST FLOOR, NIDHI BHAVAN, BEHIND APIIC BUILDING, GUNTUR DISTRICT 4. THE PAY AND ACC DISTRICT. 5. THE A P DIFFERENTLY ABLED AND SENIOR CITIZENS ASSISTANCE CORPORATION APDASCAC, (GOVERNMENT OF ANDHRA PRADESH UNDERTAKING), REP.BY ITS MANAGING IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 36153/2025 D SRINIVASA RAO, S/O.NAGAIAH, AGED ABOUT 65 YEARS, OCC. RETIRED EMPLOYEE, CR AND MO, WORKING AS PROJECT OFFICER, TRAINING CUM PRODUCTION CENTRE, APDASCAC, ONGOLE, PRAKASAM DISTRICT R/O.37-1-423-6, 2ND LANE, RAMNAGAR, ONGOLE, PRAKASAM DISTRICT-523001. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP BY ITS SPECIAL CHIEF SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, WOMEN, CHILDREN, DIFFERENTLY ABLED AND SENIOR CITIZENS DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. THE DIRECTOR OF TREASURIES AND ACCOUNTS, 1ST FLOOR, BHAVAN, BEHIND APIIC BUILDING, IT PARK, MANGALAGIRI, GUNTUR DISTRICT - 522 503. THE PAY AND ACCOUNTS OFFICER, A.P., IBRAHIMPATNAM, NTR THE A P DIFFERENTLY ABLED AND SENIOR CITIZENS ASSISTANCE CORPORATION APDASCAC, (GOVERNMENT OF ANDHRA PRADESH UNDERTAKING), REP.BY ITS MANAGING IN THE HIGH COURT OF ANDHRA PRADESH [3460] THIRTIETH DAY OF DECEMBER THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY D SRINIVASA RAO, S/O.NAGAIAH, AGED ABOUT 65 YEARS, OCC. RETIRED EMPLOYEE, CR AND MO, WORKING AS PROJECT OFFICER, TRAINING CUM PRODUCTION CENTRE, APDASCAC, 6, 2ND LANE, 523001. ...PETITIONER THE STATE OF ANDHRA PRADESH, REP BY ITS SPECIAL CHIEF SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL DIFFERENTLY ABLED AND SENIOR CITIZENS DEPARTMENT, SECRETARIAT, VELAGAPUDI, THE DIRECTOR OF TREASURIES AND ACCOUNTS, 1ST FLOOR, IT PARK, MANGALAGIRI, OUNTS OFFICER, A.P., IBRAHIMPATNAM, NTR THE A P DIFFERENTLY ABLED AND SENIOR CITIZENS ASSISTANCE CORPORATION APDASCAC, (GOVERNMENT OF ANDHRA PRADESH UNDERTAKING), REP.BY ITS MANAGING 2 DIRECTOR, OFFICE- D.NO.74-14-2 1ST FLOOR, RAJA NARENDRA BUILDINGS, KRISHNA NAGAR, YANAMALAKUDURU ROAD, VIJAYAWADA-520007. ...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 pleased to issue an appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the retirement benefit i.e.. Encashment of Earned Leave (EL) and Half Pay leave under Procd.No.839/2011/Estt/2022, dated 09.02.2022 though this bill was uploaded in CFMS web portal for release of payment under Bill No.2023-825254 as illegal, irregular, arbitrary and against to the principles of natural justice and violative of fundamental rights guaranteed under Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents to release the above said retirement benefits without any further delay along with penal interest and 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 release the retirement benefit i.e., Encashment of Earned Leave (EL) and Half Pay leave under Procd.No.839/2011/Estt/2022, dated 09.02.2022 forthwith to the Petitioner pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. B JAYA PRABHAKARA RAO Counsel for the Respondent(S): 1. GP FOR SERVICES I 2. GP FOR SERVICES II 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 36153 of 2025 ORDER: The present Writ Petition is filed questioning the action of the Respondents in not releasing the retirement benefits i.e., Encashment of Earned Leave and Half Pay Leave though the bill was uploaded in CFMS web portal for release of payment vide bill No.2023-825254, as illegal and arbitrary. 2. The Petitioner is the retired employee of the 5th Respondent, retired on 30.06.2020. However, though the part of the retirement benefits were paid, Earned Leave and Half Pay Leave were not disbursed to the Petitioner, though the bill was uploaded in CFMS web portal vide bill No.2023-825254. 3. Learned Standing Counsel for Respondent No.5 would submit that the delay in payment is on account of paucity of funds and that the amounts due to the Petitioner shall be disbursed as expeditiously as possible. 4. Heard learned counsel for the Petitioner and learned Standing Counsel for the 5th Respondent. 5. Considering the submissions made and taking note of the fact that the Petitioner retired from services in the year 2020, the Writ Petition is disposed of, directing the Respondents to release the 4 retirement benefits i.e., encashment of Earned Leave and Half Pay Leave to the Petitioner, as per his entitlement, within a period of eight (8) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY 30.12.2025 MDP