IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) WEDNESDAY, THE TWELFTH DAY OF FEBRUARY iS TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 33fin OF 2025 AMARAVATt^.. Between; 1. B. Chandra Prabhavathi, W/o Late B. Officer, Aged 57 years, R/o. 5-9-8-38/12 Rajendra, Retired Asst. Audit Mekanarayanamma Thota Gati Center, Jaganadhapuram, Kakinada Urban, A.P. 2. B. Vivek Rajiv, S/o. Late Rajendra, Aged 37 5-9-8-38/12, years, Occ; Unemployee, Gati R/o. Mekanarayanamma Thota, Jaganadhapuram, Kakinada Urban, A.P Center, ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department, A.P. Secretariat, Velagapudi, Guntur District. 2. The District Audit Officer, State Audit Office District. 3. The Director of State Audit Office, Ibrahimpatnam, Vijayawada, Krishna District. Finance Kakinada, East Godavari ...RESPONDENTS Petition under Article 226 of the Constitution the circumstances stated i be pleased issue of India praying that in - in the affidavit filed therewith, the High Court a Writ order or direction may more particularly one in the nature of Writ of Mandamus to declare the action of the respondents in not releasing the family pension along with remaining 20% of Retirement Gratuity and other terminal benefits death of Bathula Rajendra, in accordance with Rule 9 (8) of Revised Pension Rules, 1980 r/w. Rule 50 of Revised Pension Rules to the petitioners consequent to the 1980 as 4 Illegal arbitrary, and in violation of Principles of Natural Justice consequently direct the respondents to release the Family Pension with remaining 20% of retirement Gratuity and other terminal benefits immediately to the petitioners. and along lA NO: 1 OF 2C)7R Petition under Section 151 CPC staled in the affidavit filed in support of the petition, the High Court may be pleased to direct respondents to release family pension in terms of Rule 50 of Revised Pension Rules, 1980 and release the praying that in the circumstances benefits to the petitioners pending disposal of the above writ petition. Counsel for the Petitioner: SMT. BUGULU SREETEJA Counsel for the Respondents: GP FOR SERVICES The Court made the following: ORDER I APHC010060682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 3360/2025 Between: 1.B CHANDRA PRABHAVATHI. W/0 LATE B. RAJENDRA, RETIRED ASST. AUDIT OFFICER MEKANARAYANAMMA JAGANADHAPURAM, KAKINADA URBAN, A.P. AGED 57 YEARS THOTA, R/0. 5-9-8-38/12, CENTER, GATI 2.B. VIVEK RAJIV,, S/0. LATE RAJENDRA, AGED 37 YEARS. OCC UNEMPLOYEE, R/0. 5-9-8-38/12, MEKANARAYANAMMA THOTA, GATI CENTER, JAGANADHAPURAM, KAKINADA URBAN, A.P ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINICPAL SECRETARY, FINANCE DEPARTMENT, VELAGAPUDI, GUNTUR DISTRICT. A.P. SECRETARIAT, 2.THE DISTRICT AUDIT OFFICER, STATE AUDIT OFFICE, KAKINADA, EAST GODAVARI DISTRICT. 3.THE DIRECTOR OF STATE AUDIT OFFICE, IBRAHIMPATNAM VIJAYAWADA, KRISHNA DISTRICT. ...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 issue a Writ order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondents in not releasing the family pension along with remaining 20percent of Retirement Gratuity and SRS,J W.P.No.3360 of 2025 Other terminal benefits to the petitioners, consequent to the death of Bathula Rajendra, in accordance with Rule 9 (8) of Revised Pension Rules, 1980 r/w. Rule 50 of Revised Pension Rules, 1980 as illegal arbitrary, and in violation of Principles of Natural Justice and consequently direct the respondents to release the Family Pension along with remaining 20percent of retirement Gratuity and other terminal benefits immediately to the petitioners and to pass 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 direct respondents to release family pension in terms of Rule 50 of Revised Pension Rules, 1980 and release the benefits to the petitioners pending disposal of the above writ petition and to pass Counsel for the Petitioner(S): 1.BUGULUSREETEJA Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following: :: ORDER :: The petitioners, wife and son of late Sri B. Rajendra, Assistant Audit Officer, Office of District Audit Officer, who retired from service on 31.01.2020 and died on 19.08.2024, filed the above writ petition, complaining about the inaction of respondent authorities in releasing the family pension along with 20% of retirement gratuity and other terminal benefits, as illegal and arbitrary. Heard Smt. B. Sreeteja, learned counsel for the petitioner and Sri S. Raju, learned Assistant Government Pleader for Services - I appeared for respondents. 2. The husband of the 1®' petitioner and father of the 2"^^ petitioner i.e. Sri B. Rajendra, retired from service in the cadre of Assistant Audit Officer, on 3. V SRS,J W.P,No.3360 of 2025 attaining the age of superannuation on 31.01.2020. Later, said Sri B. Rajendra died on 19.08.2024. The Anti-Corruption Bureau officials registered against the late Sri B. Rajendra and the same was numbered as C.C.No.5 of 2020, on the file of the Special Judge for Trial of SPE & ACB Cases, Rajamahendravaram. a case 4. During the lifetime of late Sri B. Rajendra, he filed W.P.No.11232 of 2021, to declare the inaction of respondents therein in releasing the encashment of earned leave amount and gratuity, pending the criminal C.C.No.5 of 2020. The said writ petition was disposed of on 01.07.2021. Learned counsel for the petitioner would submit that after the death of Sri B. Rajendra, the petitioners met respondent No.2 and informed about the death of Sri B. Rajendral; closer of C.C.No.5 of 2020 on 30.12.2024 and requested to release the terminal amount. However, the respondent No.2 has not been released the amount so far. Sri S. Raju, learned Assistant Government Pleader submitted the instructions of respondent No.2 dated 11.02.2025. In the instructions, it mentioned that it was not brought to the notice of respondent No.2 about the judgment in C.C.No.5 of 2020 dated 30.12.2024. It was further mentioned that the petitioner did not make any application for sanction of family pension along with 20% gratuity etc., to the concerned authorities. In reply, learned counsel for the petitioner would submit that the petitioner will make an application by annexing all the relevant documents to respondent No.2. Given the facts and circumstances of the case, the Writ Petition is disposed of, at the stage of admission with the consent of both the learned counsel, giving liberty to the petitioner to make an application/representation to respondent No.2 by annexing all the relevant documents, within three (03) weeks from today. Upon receipt of such application/representatio n, the case 5. 6. was 7. 8. .4# SRS,J W.P,No.3360 of 2025 learned respondent No.2 shall take necessary steps for the release of gratuity and other benefits, as expeditiously as possible, preferably within eight (08) weeks thereafter. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- M SRiNIVAS ASSISTANT REGISTRAR //TRUE COPY// ^ SECTION OFFICER To, The Principal Secretary, Finance Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Guntur District. The District Audit Officer, State Audit Office, Kakinada, East Godavari District. The Director of State Audit Office, Ibrahimpatnam, Vijayawada, Krishna District. One CC to Smt. Bugulu Sreeteja, Advocate [OPUC] Two CCs to GP for Services-I, High Court of Andhra Pradesh. [OUT] Three CD Copies. 1. 2. 3. 4. 5. 6. ssb ■J HIGH COURT DATED:12/02/2025 ORDER WP.No.3360 of 2025 Current Section DISPOSING OF THE W.P. WITHOUT COSTS