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2026 DAILYLAW 11789 (AP)

CHAVALI SATYA VENKATA SUBRAHMANYAM v. THE STATE OF ANDHRA PRADESH

WP/27393/2026 · 2026-09-22

Nyapathy Vijay

body2026

Judgment text

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APHC010488852026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE 23rd DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 27393 OF 2026 Between: 1. CHAVALI SATYA VENKATA SUBRAHMANYAM, S/o. Chavali Surya Prakasa Rao, aged about 61 years, Occ. formerly working as School Assistant (PS) and Head Master (FAC), Z.P. High School, Elurupadu, KaIla Mandal, West Godavari District, Andhra Pradesh - 534236 ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, represented by its Principal Secretary, School Education Department, Secretariat, Velagapudi, Amaravati, Andhra Pradesh - 522238.. 2. The Commissioner of School Education, Andhra Vijayawada, Andhra Pradesh - 520001. 3. The District Educational Officer, West Godavari Bhimavaram, Andhra Pradesh - 534201. 4. The Deputy Educational Officer, Bhimavaram, West District, Andhra Pradesh - 534202. Pradesh, District, Godavari 5. The Head Master, Z.P. High School, Elurupadu, Kalla Mandal, West Godavari District, Andhra Pradesh - 534236 2 ...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 toissue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not processing, forwarding, sanctioning and releasing the petitioner's pension, retirement gratuity, commutation of pension and other admissible pensionary/retiremental benefits after his voluntary retirement with effect from 31.05.2026, despite the petitioner's legal notice dated 31.08.2026 and representation dated 24.08.2026, as illegal, arbitrary, unreasonable, unjust and violative of Articles 14, 21 and 300-A of the Constitution of India and contrary to the applicable pension rules, and consequently direct the respondents to a) Immediately complete all pending formalities relating to the petitioner's voluntary retirement and service/charge records b) Process, verify and forward the petitioner's pension proposal, retirement gratuity proposal, commutation proposal and all other admissible retirement-benefit proposals to the competent authority c) Sanction and release the petitioner's admissible pensionary and retirement benefits, including pension, retirement gratuity and commutation, within a time-bound period to be fixed by this Honlble Court d) release pension to the petitioner from the date from which it is legally admissible after his retirement, together with all consequential arrears e) consider and pay interest on delayed retirement gratuity and other benefits, to the extent permissible under the applicable rules and Government orders, from the date they became due until the date of actual payment f) furnish to the petitioner a written statement/ status of the processing of his pensionary benefits and, if any document is still required from him, specify the same in writing and provide a reasonable opportunity to comply 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 direct the respondents to consider the petitioner's representation dated 24.08.2026 and forthwith process his pension proposal, and thereafter sanction and release the pension legally due to him, together with admissible arrears, in a time-bound manner, preferably within a period to be fixed by this Hon'ble Court, considering the petitioner's severe financial hardship and the fact that he is presently in substantial debt and has not been receiving even his monthly pension pending disposal of the above writ petition Counsel for the Petitioner: MAKIREDDY MANOJ Counsel for the Respondents: GP FOR SERVICES III The Court made the following order: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 27393 OF 2026 ORDER: The present Writ Petition is filed to declare the action of the respondents in not processing, forwarding, sanctioning and releasing the petitioner's pension, retirement gratuity, commutation of pension and other admissible pensionary/retiremental benefits after his voluntary retirement with effect from 31.05.2026 in spite of the representation of the Petitioner dated 24.08.2026 as illegal and arbitrary. 2. The Petitioner had retired voluntarily from the service on 31.05.2026 as a School Assistant (PS). After retirement of the service, the respondent authorities did not take steps to process, sanction the pension benefits on the ground of certain pending formalities. Questioning the same, the petitioner has sent a legal notice on 31.08.2026 to the Deputy Educational Officer, Bhimavaram and the Head Master Z.P. High School, Elurupadu, for release of the retirement benefits. Thereupon, the petitioner submitted a representation on 24.08.2026 to the District Educational Officer, Bhimavaram, West Godavari District. As the representation of the petitioner dated 24.08.2026 is not being considered for release of pensionary benefits, the present Writ Petition is filed. 3. The learned Assistant Government Pleader for Services-III submits that, based on the petitioner’s representation dated 24.08.2026, necessary instructions were issued vide proceedings Rc.No.3126/A2/2026 dated 17.09.2026 to the Deputy Educational Officer, Bhimavaram to examine the representation of the Petitioner. The relevant portion of the Written Instructions is extracted hereunder: “ I submit that basing the Petitioner representation dated 24-08-2026, necessary instructions were issued vide proceedings Rc.No.3126/A2/2026 dated 17-09-2026 to the Deputy Educational Officer, Bhimavaram with instructions to examine the representation and grievance is redressed as per the rules ;and to submit that the compliance report. The Headmaster is the comptetent authority to 4 forwarded the pension proposals of the teachers working in their control and the Deputy Educational Officer is the immediate inspecting officer. ” 4. As the respondents have taken cognizance of the issue, the writ petition is disposed of with following directions:- (i) The respondents shall process, sanction and disburse the retirement benefits to the petitioner as per his entitlement within a period of three (3) months from the date of receipt of a copy of the order. (ii) There shall be no order as to costs. _______________________ JUSTICE NYAPATHY VIJAY Date: 23.09.2026 Gnp/eha 5 127 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 27393 OF 2026 Date: 23.09.2026 Gnp/eha