Extracted from the PDF above. The PDF is authoritative.
APHC010604672022
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] THURSDAY, THE 24th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 36293/2022 Between:
1. T V SESHA REDDY, S/O. LATE VENKATA SUBBA REDDY, AGE. 62 YEARS, OCC. RETIRED TECHNICAL WORK INSPECTOR/ ASSISTANT ENGINEER I/C, LTD., ANDHRA PRADESH EDUCATION AND WELFARE INFRASTRUCTURE DEVELOPMENT CORPORATION, NELLORE DIVISION, NELLORE DIST., A.P. R/O.
FLAT NO.302, GSR EMPEROR'S ENCLAVE, RAMJI NAGAR, 2'D LINE, NEAR CHILDRENS PARK, NELLORE, A.P.
2. Y. RAMA CHANDRA ACHARYA,, S/O. LATE CHINNA SUBBAIAH ACHARYA, AGED 62 YEARS, OCC.RETD. TECHNICAL WORK INSPECTOR/ASSISTANT ENGINEER I/C, ANDHRA PRADESH EDUCATION AND WELFARE INFRASTRUCTURE DEVELOPMENT CORPORATION, KURNOOL DIVISION, KURNOOL DIST., ANDHRA PRADESH, R/O. H.NO.3607-3, MUNAPPA NAGAR, YEMMIGANUR TOWN, KURNOOL DIST. PIN-518360, A.P.
3. N.S.R.K. PRASAD,, S/O. KOTESWARA RAO, AGED 61 YEARS, OCC. RETD. TECHNICAL WORK INSPECTOR/ ASSISTANT ENGINEER I/C, ANDHRA PRADESH EDUCATION AND
WELFARE INFRASTRUCTURE DEVELOPMENT CORPORATION, ELURU DIVISION, ELURU, WEST GODAVARI, ANDHRA PRADESH, R/O.
D.NO.3-158/3, DWARAKA NAGAR, 13TH ROAD, TANGELLAMUDI, ELURU, W.G. DIST. A.P.
4. LATE V.V.V. PRASAD,, TECHNICAL WORK INSPECTOR/ ASST. ENGINEER I/C, ANDHRA PRADESH EDUCATION AND WELFARE INFRASTRUCTURE DEVELOPMENT CORPORATION LTD. ELURU DIVISION, ELURU, WEST GODAVARI, ANDHRA PRADESH
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REPRESENTED BY HIS WIFE SMT. V. VANI SREE, AGE.53 YEARS, HOUSE WIFE, R/O. 24B-18-9, MARKAVARI VEEDI, OPP. GTC GODOWNS, PATHEBAD, ELURU WEST GODAVARI DIST. A.P.
5. LATE VAHEED HUSSAIN,, RETD. TECHNICAL WORK INSPECTOR / ASST. ENGINEER I/C ANDHRA PRADESH EDUCATION AND WELFARE INFRASTRUCTURE DEVELOPMENT CORPORATION LTD., ELURU DIVISION, ELURU, WEST GODAVARI, ANDHRA PRADESH REP. BY HIS WIFE SMT. SHIBABUNNISA BEGUM, AGED 58 YEARS OCC. HOUSE WIFE R/O. D.NO.2-22/2, RAJARAJESWARI NAGAR, KANDRIKAGUDA, ELURU -534005, W.G. DIST., A.P.. ...PETITIONER(S) AND
1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS SPECIAL CHIEF SECRETARY AND PRINCIPAL SECRETARY, SCHOOL EDUCATION DEPT., SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE A P EDUCATION AND WELFARE INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR, VADDESWARAM (VILLAGE), TADEPALLI (MANDAL), GUNTUR 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 to issue a writ, order or direction more in the nature of Writ of Mandamus declaring that the action of the Respondents in not paying the Gratuity to the petitioners as per payment of Gratuity Act 1972 and also not paying them the encashment of Earned Leave of 285 days consequent on their retirement as Technical Work Inspector / Assistant Engineers I/C as per Rules applicable is illegal, arbitrary and violative of Articles 14, 16 and 21 of Constitution of India and consequently direct that the Petitioners are entitled for payment of Gratuity as per Gratuity Act 1972 along with Leave Encashment along with applicable interest on Gratuity for delayed payment and Leave Encashment with interest from dates of retirement and premature death during the course of employment taking their service of 30 to 27 years
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into consideration as directed by this Hon'ble Court in W.P.No.30389/2015, dt. 19.07.2022 and pass IA NO: 1 OF 2022 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 gratuity as per Gratuity Act 1972 to the Petitioners consequent on their retirement as Technical Work Inspector / Assistant Engineer I/C inconsonance with the orders in W.P.No.30389 / 2015 and pass Counsel for the Petitioner(S):
1. Y V SATYANARAYANA Counsel for the Respondent(S):
1. V C NAIDU
2. GP FOR SERVICES II
3. G V S KISHORE KUMAR The Court made the following:
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THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.36293 OF 2022
ORDER:
The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:
“…to issue a writ, order or direction more in the nature of Writ of Mandamus declaring that the action of the Respondents in not paying the Gratuity to the petitioners as per payment of Gratuity Act 1972 and also not paying them the encashment of Earned Leave of 285 days consequent on their retirement as Technical Work Inspector / Assistant Engineers I/C as per Rules applicable is illegal, arbitrary and violative of Articles 14, 16 and 21 of Constitution of India and consequently direct that the Petitioners are entitled for payment of Gratuity as per Gratuity Act 1972 along with Leave Encashment along with applicable interest on Gratuity for delayed payment and Leave Encashment with interest from dates of retirement and premature death during the course of employment taking their service of 30 to 27 years into
consideration as
directed by this Hon'ble Court in W.P.No.30389/2015, dt. 19.07.2022 and pass such other order or orders.…”
2. The petitioners are employees of the 2nd respondent – Corporation and on attaining the age of superannuation, retired from service. The present Writ Petition has been filed seeking a direction to the respondents to pay Gratuity and Encashment of Earned Leave, along with interest for the belated payments.
3. Heard learned counsel for the petitioners and learned counsel for the respondents.
4.
Learned counsel for the petitioners submits that a Coordinate Bench of this Court, in W.P.No.1537 of 2026, dated 20.01.2026, directed the
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respondents to clear all the amounts claimed by the petitioner therein, as per his entitlement, within four (04) months by following the Rules, and also further
directed to pay interest to the petitioner therein for the delayed payments as per settled law. Learned counsel prayed to pass a similar order in the present case.
5.
Learned counsel for the respondents does not refute the said submission.
6.
Learned counsel for the petitioners further fairly submits that the respondents have already paid the Gratuity amount to the petitioners. Now, the petitioners are seeking a direction to the respondents to pay the Encashment of Earned Leave and interest for the belated payments. Learned counsel further submits that petitioner No.5 died and that the respondent authorities have paid the gratuity amount to his widow.
7. Basing on the aforesaid submissions and in view of the orders passed by this Court in W.P.No.1537 of 2026, dated 20.01.2026, the present Writ Petition is disposed of with following directions: (a) The respondents are directed to pay the petitioners the amount towards Encashment of Earned Leave, as per their entitlement and as per the Rules, within a period of three months from the date of receipt of a copy of this order.
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(b) The respondents are directed to consider the claim of the petitioners for payment of interest on belated payments, in accordance with law. (c) Insofar as petitioner No.5 is concerned, the Writ Petition is dismissed as abated, as he has died during pendency of the Writ Petition. If the wife of the 5th petitioner approaches the authorities, for the relief claimed in Writ Petition, the same shall be considered and paid in accordance with law.
(d) There shall be no order as to costs.
As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.
__________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 24.09.2026
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137 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION No.36293 of 2022 Date: 24.09.2026
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