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High Court of Andhra Pradesh · body

2025 DAILYLAW 59608 (AP)

A V Radha Krishna Murthy v. The State of Andhra Pradesh,

WP/36135/2025 · 2025-12-28

Nyapathy Vijay

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010698212025 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: Between: 1. A V RADHA KRISHNA MURTHY, S/O. LATE A. RAMAKOTAIAH AGED ABOUT 63 YEARS, OCC ASSISTANT DIRECTOR (RTD), O/O DIRECTORATE OF TREASURIES AND ACCTS, MANGALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE ANDHRA PRADESH, CENTER FOR FINANCIAL SYSTEMS AND SERVICES, 3RD FLOOR, NIDHI BHAVAN, IT PARK, BEHIND APIIC BUILDING, MANGALAGIRI, EXECUTIVE OFFICER. 3. THE DIRECTOR, TREASURIES AND VTH FLOOR, NIDHI BHAVAN, MANGALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH. 4. THE PAY AND ACCOUNT OFFICER, MANGALAGIRI, GUNTUR DISTRICT, AP. 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, order or direction more particularly one the nature of IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 36135/2025 A V RADHA KRISHNA MURTHY, S/O. LATE A. RAMAKOTAIAH AGED ABOUT 63 YEARS, OCC ASSISTANT DIRECTOR (RTD), O/O DIRECTORATE OF TREASURIES AND ACCTS, MANGALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. THE ANDHRA PRADESH, CENTER FOR FINANCIAL SYSTEMS AND FLOOR, NIDHI BHAVAN, IT PARK, BEHIND APIIC BUILDING, MANGALAGIRI, GUNTUR DISTRICT, REP. BY ITS CHIEF EXECUTIVE OFFICER. THE DIRECTOR, TREASURIES AND ACCOUNTS DEPARTMENT, VTH FLOOR, NIDHI BHAVAN, MANGALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH. THE PAY AND ACCOUNT OFFICER, MANGALAGIRI, GUNTUR ...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 issue a Writ, order or direction more particularly one the nature of IN THE HIGH COURT OF ANDHRA PRADESH [3460] THE TWENTY NINETH DAY OF DECEMBER THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY A V RADHA KRISHNA MURTHY, S/O. LATE A. RAMAKOTAIAH AGED ABOUT 63 YEARS, OCC ASSISTANT DIRECTOR (RTD), O/O DIRECTORATE OF TREASURIES AND ACCTS, MANGALAGIRI, ...PETITIONER ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, A.P. SECRETARIAT, THE ANDHRA PRADESH, CENTER FOR FINANCIAL SYSTEMS AND FLOOR, NIDHI BHAVAN, IT PARK, BEHIND APIIC GUNTUR DISTRICT, REP. BY ITS CHIEF ACCOUNTS DEPARTMENT, VTH FLOOR, NIDHI BHAVAN, MANGALAGIRI, GUNTUR DISTRICT, THE PAY AND ACCOUNT OFFICER, MANGALAGIRI, GUNTUR ...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 issue a Writ, order or direction more particularly one the nature of 2 a writ of Mandamus declaring the action of the respondents in not releasing the retirement benefits i.e. Encashment of Earned Leave, PRC arrears and DA arrears to the petitioner herein, despite he was retired from service on 31- 08-2024 is illegal, arbitrary, unjust and violative of Art. 14. 16 and 300-A of the Constitution of India and consequently direct the respondents to pay the encashment of earned Leave, PRC arrears and DA arrears along with 9 percent interest on delayed payment of retirement benefits in terms of law laid down by the Hon’ble Apex Court reported in (2022) 4 SCC 627 and W.A. No.383 of 2022 dated 12-07-2022 to the petitioner and pass such 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 to direct the respondents to pay the encashment of earned leaves, PRC arrears and DA arrears forthwith to the petitioner, pending disposal of the above writ petition and pass such Counsel for the Petitioner: 1. SRINIVASA RAO MORTHA Counsel for the Respondent(S): 1. GP FOR SERVICES I 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 36135 of 2025 ORDER: The present writ petition is filed questioning the action of the Respondents in not releasing the retirement benefits due to the Petitioner though he retired from service on 31.08.2024 as illegal and arbitrary. 2. The facts leading to the filing of the case are as follows: The Petitioner, on attaining the age of superannuation on 31.08.2024, while working in the cadre of Assistant Director of the Directorate of Treasuries and Accounts, Mangalagiri, though the Petitioner is entitled for retirement benefits, same has not been disbursed. Hence, the present writ petition is filed. 3. It is stated that the Treasuries department had prepared the bills and submitted the same for payment in favour of the Petitioner vide proceedings No.FIN02-14060/36/2024-D SEC-DTA (2380757) dated 21.08.2024 and had uploaded the bills in CFMS portal vide I.D.Nos.2024-1370544 for Rs.14,51,102/- and 2024-1367991 for Rs.5,12,928/-. However, as the amounts are not disbursed into the account of the Petitioner, the present writ petition is filed. 4. Heard learned counsel for the Petitioner and learned Assistant Government Pleader for Services-I. 4 5. Learned Assistant Government Pleader for Services-I submits that the retirement benefits would be disbursed to the Petitioner as expeditiously as possible. 6. Considering the submissions, the Writ Petition is disposed of with a direction to the Respondents to pay the retirement benefits to the Petitioner within a period of six (6) weeks from the date of receipt of the copy of the order. The Respondents are also directed to pay the interest for delayed payments, as directed in the statute rules, within a further period of six (6) weeks. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY 29.12.2025 MDP