APHC010297232026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE 30th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 15637 OF 2026 Between: 1. Diddi Demudu Babu, S/o Pydithalli, Aged about 64 years, Occ Retired Employee, R/o. D.No. 154, S.C. Colony, Pinagadi village, Pendurthi Mandal, Visakhapatnam-531173 ...Petitioner AND 1. The State Of Andhra Pradesh, Represented by its Secretary, Agriculture Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District- 522241. 2. The Commissioner and Director, Agriculture and Marketing and Director, O/o Chuttugunta Circle, Guntur, Guntur District-522004 3. The District Agriculture Officer, Srikakulam District-532005. ...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 a Writ or order direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents herein particularly Respondent No.2 and 3 in not finalising the retirement benefits and pension of the Petitioner despite the petitioner retired on 31.08.2024 (1)200/2021,Rc.No.Esttand issuing the proceedings in dated 25.04.2024 by the Respondent No.3 directing the petitioner to evade the discrepancy without there being the same as nothing but illegal, improper, arbitrary, erroneous, highhanded and violative of Article 14 and 21 of The Constitution of India and consequently direct the Respondent No. 2 and 3 to release the retirement benefits along with pension. 2 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 may be pleased to direct the Respondent No. 2 and 3 to release the retirement benefits of the petitioner along with pension forthwith, pending disposal of the above Writ Petition and pass Counsel for the Petitioner: A K KISHORE REDDY Counsel for the Respondents: GP FOR SERVICES II The Court made the following order: 3 HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.15637 of 2026 O R D E R: This writ petition is filed declaring the action of the Respondents in not finalizing the retirement benefits and pension to the Petitioner though he retired on 31.08.2024 as illegal and arbitrary. 2. Petitioner had retired as Administrative Officer in the Agricultural Department on 31.08.2024 after rendering substantial number of years of service. While he was in service, he married one Chinnammalu and blessed with three (3) sons and one (1) daughter. After retirement, Petitioner had requested Respondent No.3 to release the retirement benefits and process the pension with required documents. In turn, Respondent No.3 addressed letters to the Petitioner calling for his explanation alleging that one D. Lakshmi Narasayamma and two (2) sons approached that she is the first wife of the Petitioner and their names have to be entered in the Service Register of the Petitioner, claiming for half of the retirement benefits and also pension to them. However, as the retirement benefits and pension is not granted to the Petitioner, this writ petition is filed. 3. Learned counsel for Petitioner submits that the Petitioner is in a fragile health condition and is unable to move from his house. On the facts of the case, it is submitted that denial of retirement benefits and sanction of pension is unfair and there is no enabling provision under law to withhold the same. 4 4. Learned Government Pleader for Services-II, on instructions, submits that representations dated 03.09.2021 and 27.10.2023 were received from Smt. D. Laxmi Narasayamma claiming entitlement to half share in the retirement benefits and family pension of the Petitioner. It is further stated that Petitioner was called for his remarks on the said complaint and in turn, the Petitioner submitted explanation stating that Smt. D.Laxmi Narasayamma deserted him intentionally for more than 20 years back and his present wife Smt. D.Chinnammalu, whose name was entered in the Service Register, is the caretaker and is eligible for family pension. It is stated that the Petitioner did not produce any documentary evidence or decree of competent Court establishing legal separation or dissolution of marriage with Smt D.Laxmi Narasayamma and that no authenticated family member pension declaration is available in the Service Register of the Petitioner. On these grounds, the pension benefits have not been processed. 5. Heard Sri A.K. Kishore Reddy, learned counsel for the Petitioner and learned Government Pleader for Services-II. 6. Retirement benefits of an individual are self-acquired property of the said individual and it is not for the Respondents to question the Petitioner regarding his right to receive the retirement benefits. The retirement benefits, being a property, come within the definition of property under Article 300A of the Constitution of India and denial of the property cannot be, but in accordance with law. 5 7. In the present case, no legal provision was pointed out by the Respondents as to on what provision of law, the retirement benefits are denied to the Petitioner notwithstanding his family dispute. 8. Therefore, the action of the Respondents in denying the retirement benefits and more so, pension to the Petitioner is inhuman and unsustainable. 9. Therefore, the writ petition is allowed with the following directions: i) The Respondents shall release the retirement benefits including gratuity, provident fund and other retirement benefits to the Petitioner within a period of four (4) weeks from the date of receipt of a copy of this Order. ii) The Petitioner shall also be paid appropriate interest for the delay in releasing his retirement benefits. iii) There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 30.09.2026 KLP/VSR