1 CGR, J. W.P.No.3864 of 2024 APHC010071232024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] TUESDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 3864/2024 Between: Kanchupati Chinnaiah ...PETITIONER AND The State of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. SODUM ANVESHA Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. B V APARNA LAKSHMI The Court made the following: ORDER: The present writ petition is filed seeking the following relief: “… to issue an appropriate Writ, order or direction, mostly one which is in the nature of a Writ of Mandamus declaring the inaction of the Respondents in paying the arrears of salary along with increments as per the applicable Revised Pay Scales and in not releasing pension and other retirement benefits including Encashment of Earned Leave, Gratuity etc to the Petitioner, as arbitrary, illegal, irregular, violative of Articles 19 and 21 of the Constitution of India, unjustified and unsustainable and 2 CGR, J. W.P.No.3864 of 2024 consequently, forthwith direct the Respondents to release the pending arrears of salary and retirement benefits including Pension, encashment of Earned Leave, Gratuity etc., to the Petitioner and to pass….” 2. Heard Sri S.Krishna Vamsi, learned counsel, representing Mrs.Sodum Anvesha, learned counsel for the petitioner; learned Assistant Government Pleader for Services-I appearing for respondents 1 to 4 and Smt.B.V.Aparna Lakshmi, learned Standing Counsel, appearing for respondents 5 and 6. 3. Petitioner joined the services as Sweeper on 03.01.1981 and after regularisation as Full Time Sweeper on 01.04.1981, he attained superannuation on reaching the age of 60 years on 30.06.2020. Having rendered services for about 35 years, unfortunately, had to wait till filing of this writ petition for claiming his arrears of salary and increments besides pensionary and other retirement benefits. Petitioner before approaching this Court has submitted various representations, dated 19.06.2023, 08.08.2023, 11.08.2023 and 21.09.2023 to the 2nd respondent claiming for settlement of the benefits as eligible and entitled. Though 3rd respondent by letter, dated 19.06.2023, forwarded the petitioner’s complaint and called upon the 4th respondent to enquire into and submit report, nothing has moved thereafter. Petitioner, therefore, had to submit complaint before Hon’ble Lokayuktha. Only, thereafter, 3rd respondent vide Memo., dated 11.12.2023, called upon 3 CGR, J. W.P.No.3864 of 2024 the 6th respondent to pay pension and also prepare the proposals with respect to the benefits petitioner is entitled to within ten days enabling to forward the same to the Chief Executive Officer. However, in spite of passing of time, nothing has moved forward. 4. This Court, by order, dated 20.02.2024, directed the 5th respondent to file affidavit as to why the properties of the Zilla Praja Parishad Office shall not be attached until recovery of petitioner’s pensionary benefits. 5. 5th respondent then has filed counter-affidavit stating that sanction of encashment of earned leave as per eligibility and A.P. State Employees Group Insurance, 1984, with effect from 01.11.1984 together with interest upto 30.06.2020 as per eligibility fall under the purview of 6th respondent Gram Panchayat and so far as sanction of service pension, gratuity and commutation would fall under the purview of 3rd respondent District Panchayat Officer and only after sanction of aforesaid benefits, the 5th respondent would disburse the said benefits. In fact, the 3rd respondent has submitted proposals for sanction of aforesaid benefits by proceedings, dated 26.03.2024, however, the same were returned by 5th respondent on 02.04.2024, raising certain objections regarding eligibility and sought for additional information. Until the 3rd respondent submits revised sanction proceedings meeting 4 CGR, J. W.P.No.3864 of 2024 with the objections raised earlier, 5th respondent is not in a position to settle the pensionary benefits to the petitioner. 6. When the matter was taken up for hearing on 27.03.2025, learned Standing Counsel for respondents 5 and 6, placed on record, proceedings, dated 18.03.2025, inter alia, stating that petitioner is entitled for retirement benefits and arrears of salary of Rs.35,08,455/-, of which, so far as Gram Panchayat was concerned, an amount of Rs.7,06,730/- towards encashment of earned leave and Rs.5,50,000/- towards AAS arrears, totally an amount of Rs.12,56,730/- was to be settled by it. Of which, the Gram Panchayat has released an amount of Rs.1,00,000/- on 16.11.2023 leaving balance of Rs.11,56,730/- in view of paucity of funds, the Gram Panchayat is unable to settle the entire amounts in one stroke, therefore, proposal was made to settle petitioner’s claim, by making monthly instalment of Rs.17,000/- and accordingly, sought for the approval. The said letter was apparently seems to have been addressed after placing the same in the meeting and with approval of Gram Panchayat. 7. When the aforesaid proposal was made to the learned counsel for the petitioner, on instructions, the same came to be opposed stating that the piecemeal staggered payments are not acceptable. Matter was 5 CGR, J. W.P.No.3864 of 2024 again adjourned to 07.04.2025 with regard to the contribution to be settled by the 5th respondent. 8. Letter addressed by the 5th respondent to the District Audit Officer, State Audit, on 03.04.2025, has been placed on record, by which, the 5th respondent has requested to process the petitioner’s claims. 9. All the aforesaid correspondence and also the counter-affidavit filed by the respondents, clearly go to show that on one pretext or the other, they are dodging and delaying rightful entitlement of the petitioner for his arrears of salary, gratuity and other pensionary retirement benefits. The proceedings, dated 18.03.2025, addressed by the 6th respondent to the 4th respondent clearly specifies that the petitioner is entitled for Rs.35,08,455/-, of course, part of it payable by the 5th respondent and remaining by the 6th respondent. As the right and entitlement of the petitioner is not in dispute and that the reason for non- payment of the same only being availability of funds with respondents 5 and 6, this Court deems it fit to dispose of the writ petition by directing the respondents to settle the aforesaid amounts. 10. In view of the aforesaid submissions and discussion, the writ petition is allowed directing the respondents 5 and 6 to pay the arrears of salary, gratuity and other pensionary retirement benefits to the 6 CGR, J. W.P.No.3864 of 2024 petitioner, as admitted in letter, dated 18.03.2025, issued by the 6th respondent to the 4th respondent, within a period of two months from the date of receipt of a copy of this order. No order as to costs. As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed. _____________________________ JUSTICE CHALLA GUNARANJAN Date:22.04.2025. cs