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2026 DAILYLAW 11785 (AP)

D SUDHAKARA REDDY v. THE STATE OF ANDHRA PRADESH

WP/23429/2024 · 2026-09-29

Balaji Medamalli

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010455612024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE 30th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 23429 OF 2024 Between: 1. D SUDHAKARA REDDY, S/o. D. Sivarami Reddy, Aged about 64 years. Retired Executive Engineer, ASPHC Ltd., R/o. D.No.29-178-15, SBI Colony, Nandyal (Rural), Nandyal R.S., Kurnool, Andhra Pradesh, Pin. 518502. ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, Rep by its Secretary, General Administration Department., Secretariat Buildings, Block 5, Velagapudi, Amaravathi, Guntur District. 2. The Managing Director, Andhra Pradesh State Housing Corporation Ltd., Nirmanbhavan, Autonagar, Vijayawada, NTR District, A P. 3. The Joint Managing Director, Andhra Pradesh State Housing Corporation Ltd Nirmanbhavan, Autonagar, Vijayawada, NTR District, A P. 4. The Executive Director, Andhra Pradesh State Housing Corporation Ltd., Autonagar, Vijayawada, NTR District, A P. 5. The District Collector/Executive Director, AP State Housing Corporation Ltd., Kurnool District. 6. The District Housing Head, Kurnool, Kurnool District. ...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 an order or direction or Writ more particularly one in the nature of Writ of Mandamus declaring the 2 impugned Proceedings vide Proc.No.11480/V1A/ and E/KNL/2011, dt.11.10.2015 as illegal, arbitrary and colorable exercise of power and against the principles of natural justice and violation of Articles 14, 15 and 21 of the Constitution of India, consequently set aside the impugned proceedings vide Proc.No. 11480/VI/V and E/KNL/2011, dt.11.10.2015 and direct the respondents to release all the retirement benefits such as full pension, retirement gratuity, encashment of Earned Leave and other benefits together with interest @ 9 percentage per annum from the date of retirement with immediate effect and pass IA NO: 1 OF 2024 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 may be pleased to suspend the impugned proceedings vide Proc.No. 11480A/1A/ and E /KNL/2011, dt.11.10.2015, pending disposal of the above Writ Petition before this Honble Court and pass IA NO: 1 OF 2026 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 grant Leave for filing of the Counter Affidavit in WP. No.23429 of 2024 and pass Counsel for the Petitioner: N SRIHARI Counsel for the Respondents: GP FOR SERVICES IV Counsel for the Respondents:MALLIKHARJUNA MOORTHY K (SC FOR A.P HOUSING CORPORATION LIMITED) The Court made the following order: 3 THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 23429 of 2024 O R D E R 1) The Writ Petition is filed for the following relief: “….to issue an order or direction or Writ more particularly one in the nature of Writ of Mandamus declaring the impugned Proceedings vide Proc.No.11480/V1/V&E/KNL/2011, dt.11.10.2015 as illegal, arbitrary and colorable exercise of power and against the principles of natural justice and violation of Articles 14, 15 and 21 of the Constitution of India, consequently set aside the impugned proceedings vide Proc.No.11480/VI/V&E/KNL/2011, dt.11.10.2015 and direct the respondents to release all the retirement benefits such as full pension, retirement gratuity, encashment of Earned Leave and other benefits together with interest @ 9% per annum from the date of retirement with immediate effect and pass……” 2) The Respondents have filed their counter-affidavit stating that pursuant to the Vigilance Report, Articles of Charges were issued by the competent authority and a regular departmental enquiry was conducted. The Enquiry Officer has submitted his report holding that the charges framed against Petitioner were not proved and the Vigilance & Disciplinary Department of Andhra Pradesh State Housing Corporation Limited after examining the matter reported that no disciplinary proceedings are pending against Petitioner. Accordingly, an action taken report was submitted to the Government and further 4 stated that the department has examined the matter and is ready to process and settle the retirement and pensionary benefits of Petitioner in accordance with the applicable rules and procedure and necessary action for release of the eligible retiral benefits is being initiated by the competent authority. 3) Recording the said contentions made in the counter-affidavit and also the submission of learned Counsel on either side, the Writ Petition is disposed of directing Respondents to process and settle and release the entire terminal benefits of Petitioner within a period of four (4) months from the date of receipt of a copy of the order. 4) No order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. __________________________ JUSTICE BALAJI MEDAMALLI Date: 30.09.2026 SM 5 THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION No. 23429 of 2024 Dated: 30.09.2026 SM