Date of reserved for orders : -- Date of pronouncement : 29.09.2026 Date of uploading : 29.09.2026 APHC010474152025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY, THE 29th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 24602/2025 Between: 1. BOTCHA NAGA RAJU, S/O.LATE SANYASI AGED 49 YEARS, OCCTGT (B.S.) DR.B.R.AMBEDKAR GURUKULAM (BOYS) TENUGUDI VILLAGE, DEVARAPALLI MANDAL ANAKAPALLI DISTRICT, ANDHRA PRADESH. 2. REDDI KRISHNA, S/O.LATE SIVANNAIDU AGED 49 YEARS, OCCTGT (HINDI) DR.B.R.AMBEDKAR GURUKULAM (BOYS), TENUGUDI VILLAGE, DEVARAPALLI MANDAL ANAKAPALLI DISTRICT, ANDHRA PRADESH. 3. YENNI SRINIVAS RAO, S/O.LATE SATYANARAYANA RAO AGED ABOUT 51 YEARS, OCCTGT (B.S.) DR.B.R.AMBEDKARGURUKULAM(BOYS) TENUGUDI VILLAGE, DEVARAPALLI MANDAL ANAKAPALLI DISTRICT, ANDHRA PRADESH. 4. KOTTAKOTA GOVINDA RAO, S/O.LATE SRIRAMULU AGED ABOUT 56 YEARS, OCCPGT (S.S.) DR.B.R.AMBEDKAR GURUKULAM (BOYS) TENUGUDI VILLAGE, DEVARAPALLI MANDAL ANAKAPALLI DISTRICT, ANDHRA PRADESH. 2 5. BODA RAMANA MURTHY, S/O.APPA RAO AGED 59 YEARS, OCCPGT (MATHS) DR.B.R.AMBEDKAR GURUKULAM (BOYS) TENUGUDI VILLAGE, DEVARAPALLI MANDAL ANAKAPALLI DISTRICT, ANDHRA PRADESH. 6. S.V.A.S.PRADEEP KUMAR, S/O.APPALA NAIDU AGED ABOUT 58 YEARS, OCCTGT (P.S.) DR.B.R.AMBEDKAR GURUKULAM (BOYS) TENUGUDI VILLAGE, DEVARAPALLI MANDAL ANAKAPALLI DISTRICT, ANDHRA PRADESH. 7. CHIRANJEEVI VONE, S/O.VEERI SETTI AGED ABOUT 39 YEARS, OCCTGT(TELUGU) DR.B.R.AMBEDKAR GURUKULAM (BOYS) TENUGUDI VILLAGE, DEVARAPALLI MANDAL ANAKAPALLI DISTRICT, ANDHRA PRADESH 8. V.UMA MAHESHWARA RAO S, /O.LATE CHIRANJIVEEVI RAO, AGED ABOUT 59 YEARS, OCCP.D. DR.B.R.AMBEDKAR GURUKULAM (BOYS) TENUGUDI VILLAGE, DEVARAPALLI MANDAL, ANAKAPALLI DISTRICT, ANDHRA PRADESH 9. 9. CHELLURI NAGESWARA RAO, S/O.SIMHADRI AGED ABOUT 59 YEARS, OCCCRAFT TEACHER DR.B.R.AMBEDKAR GURUKULAM (BOYS) TENUGUDI VILLAGE, DEVARAPALLI MANDAL ANAKAPALLI DISTRICT, ANDHRA PRADESH THE WRIT PETITION IS DISMISSED AS WITHDRAWN IN RESPECT OF THE PETITIONER NOS.5 AND 9 ARE CONCERNED AS PER C.O. DT 06.02.2026 VIDE IA NO.1/2026 IN WP NO.24602/2025 10. D.RAJA RAO, S/O.SANYASAPPADU AGED 56 YEARS, OCCJUNIOR LECTURER (PHYSICS) DR.B.R.AMBEDKAR GURUKULAM (BOYS) TENUGUDI VILLAGE, DEVARAPALLI MANDAL ANAKAPALLI DISTRICT, ANDHRA PRADESH. 3 11. EDA SRIKANTH, S/O.RAMBABU AGED 38 YEARS, OCCCARETAKER DR.B.R.AMBEDKAR GURUKULAM (BOYS) TENUGUDI VILLAGE, DEVARAPALLI MANDAL ANAKAPALLI DISTRICT, ANDHRA PRADES ...PETITIONER(S) AND 1. THE AP SOCIAL WELFARE RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETY, INSTITUTIONS SOCIETY, TADEPALLI, GUNTUR DISTRICT, REP BY ITS SECRETARY. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SOCIAL WELFARE DEPARTMENT, A P SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR CHAIRMAN, VISAKHAPATNAM DISTRICT, VISAKHAPATNAM. 4. THE DISTRICT COORDINATOR, APSWREI SOCIETY, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 5. THE DISTRICT COORDINATOR, APSWREI SOCIETY, ANAKAPALLI, ANAKAPALLI DISTRICT 6. DR B R AMBEDKAR GURUKULAM BOYS, TENUGUPUDI, DEVARAPALLI MANDAL, ANAKAPALLI DISTRICT, REP. BY ITS. PRINCIPAL. 7. THE PRINCIPAL ACCOUNTANT GENERAL A E, O/O THE PRINCIPAL ACCOUNTANT GENERAL (A E) ANDHRA PRADESH, STALIN CENTRAL MALL, 7TH FLOOR, M.G. ROAD, GOVERNOR PET, VIJAYAWADA, NTR 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 direction more particularly one the nature of a writ of Mandamus declaring the 4 action of the 1st Respondent in issuing Circular vide Rc.No. APSWRE-15022(45)71/2023 dated 24-12-2023 wherein instructed all the District Coordinators of ASWREl Society and all the Principals of Dr. B.R. Ambedkar Gurukulams in the State to recover the House Rent Allowance of percentage proportionately on remuneration (10 PERCENT HRA) and deduct of Rs 1,500/- towards Electrical Charges from the salaries of the employees and the same is being recovered every month by the 6TH respondent with effect from February, 2024 and July, 2025 onwards from the salaries of the petitioners 1 to 6 and 7 to 11 respectively is illegal, arbitrary, unjust, without authority of law, violative of the provisions of the Andhra Pradesh Social Welfare Residential Educational Institutions Society’s Standing Order No. 13/95 dated 31-10-1995 and Standing Order No. 1/2005 dated 25-11-2005 and contrary to Articles 14, 21, and 300-A of the Constitution of India and consequently set aside the same by directing the Respondents to deduct the House Rent Allowance as per the carpet area in Sft. as per terms and conditions issued in GO Ms No. 37 Finance (FMU- TR B) Department dated 07-03-2016 and further direct the respondents to refund the amounts already deducted towards House Rent Allowance and Electricity charges to the petitioners 1 to 6 with effect from February, 2024 and to the petitioners 7 to 11 with effect from July, 2025 onwards and pass such other orders. IA NO: 1 OF 2025 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 grant stay all further proceedings of recovery of HRA @ 10% and Electrical Charges @ Rs.1,500/- from the salaries of the petitioners in respect of the Bachelor Quarters allotted to them by the 6**^ respondent in pursuant to Circular vide Rc.No.APSWRE-15022(45)/1/2023 dated 24-12-2023 issued by the 1st respondent, pending disposal of the above writ petition and pass such other orders. 5 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 to permit the petitioners no.5 & 9 to withdraw the W.P.No.24602/2025 in the interest of justice and pass such other orders. Counsel for the Petitioner(S): 1. KAVITHA GOTTIPATI Counsel for the Respondent(S): 1. RAVI KUMAR PONAKAMPALLI 2. GP FOR SERVICES II The Court made the following: Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No 6 HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.24602 of 2025 ORDER: 1. The present Writ Petition is filed questioning the action of Respondent No.1 in issuing Circular vide Rc.No.APSWRE- 15022(45)/1/2023, dated 24.12.2023 directing to recover the House Rent Allowance @ 10% and Rs.1,500/- towards Electrical Charges from the salaries of the employees of Respondent No.6-institution, as illegal and arbitrary. 2. The Petitioners are working in Dr. B. R. Ambedkar Gurukulam (Boys), Temugupudi, Devarapalli Mandal, Anakapalli District i.e., Respondent No.6, in different teaching capacities. It is stated that the staff quarters were constructed in the year 1980 and all quarters have collapsed except one block consisting 12 bachelor quarters. The bachelor quarters were allotted to the Petitioners and the extent of each quarter is 25.21 Sq. mtrs., (276.74 Sq. feet). It is stated that Respondent No.6 had addressed a letter on 16.03.2006 to the Executive Engineer, District SC Cooperative Society Limited, Visakhapatnam, to furnish the rent calculation of the staff quarters in its premises. 7 3. In turn, the Executive Engineer addressed a letter on 01.08.2006 fixing rent of Rs.346/- as per G.O.Ms.No.35, dated 27.02.1997. The rent was revised as per G.O.Ms.No.37, Finance Department, dated 0.03.2016. While so, Respondent No.1 issued the impugned Circular providing certain instructions for recovery of House Rent Allowance, Electricity and Water Charges from the individuals. 4. On the basis of certain audit objections raised by Respondent No.7 for the year 2014-15, the Standard Order Nos.16/95 dated 31.10.1995 and 1/2005 dated 25.11.2005 were withdrawn under the said Circular. The rent was directed to be recovered @ Rs.1,500/- and Rs.150/- towards Electricity and Water Charges for those who occupied the quarters from February, 2024 and accordingly recovery was effected from February, 2024. 5. After receipt of the Circular, Respondent No.6 addressed a letter on 03.04.2024 to the Executive Engineer, APEWIDC Department stating that there are no proper facilities like plumbing, electricity and doors. While so, the authorities of APEWIDC had certified that the premises of APSWRS Complex at Devarapalli is not structurally sound including all Staff Quarters, Old Class Rooms and Principal Quarter vide letter dated 18.04.2024. 8 6. On the basis thereof, Respondent No.6 as well as the Petitioner submitted representations on 09.09.2024, 18.07.2025 and 21.07.2025 to Respondent Nos.4 and 5 to stop deduction of 10% HRA and further requested to reimburse the deducted HRA arrears with effect from February, 2024 till date as the said building is inhabitable. The Petitioner submits that the Quarters are highly dilapidated and are lacking basic facilities. Hence, the present Writ Petition is filed. 7. In the Counter-Affidavit filed by the Respondents, the impugned Circular was held to be in order and that no interference is called for. It is stated that the Bachelor Quarters allotted to the Petitioners were repaired in the year 2014 for effective utilization by the staff and subsequently the same Bachelor Quarters have again been proposed for necessary repair works to ensure their proper maintenance and continued use. It is stated that audit objections have raised for the year 2014-15 with regard to fixation of rents, but Respondent No.6-institution was not included in the revised proceedings. 8. Heard Smt. Kavitha Gottipati, learned counsel for the Petitioners as well as learned Assistant Government Pleader for Social Welfare and Sri Ravi Kumar Ponakampalli, learned Standing Counsel for SPSWREI Society appearing for the respective Respondents. 9 9. Even according to the Counter-Affidavit, the Bachelor Quarters in Respondent No.6-institution were repaired in the year 2014 and are due for repairs as on date. The Photographs filed along with the Writ Affidavit would show that the Bachelor Quarters are in inhabitable condition and to recover the HRA for such accommodation requires reconsideration by the Respondents. 10. In the course of arguments, the Respondents’ counsels would submit that the representations of the Petitioners would be examined and appropriate decision will be communicated to the Petitioners. 11. Considering the submissions, the Writ Petition is disposed of, with the following directions; i) The Respondents shall examine the representations of the Petitioners with regard to structural safety and habitability of the Bachelor Quarters in Respondent No.6-institution. ii) Till such exercise is concluded, the HRA shall not be deducted from the salaries of the Petitioners. iii) No order as to costs. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 29.09.2026 IS 10 HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.24602 of 2025 Date: 29.09.2026 IS