APHC010496742026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY, THE 28th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 26995/2026 Between: 1. ILLIPILLI RAGHU BABU, OCC RET EMPLOYEE S/O. CHINA GURUVULU, AGED ABOUT 64 YEARS, R/O. FLAT NO.301, BYRA NEAR CRPF H.QRS, KAILASAGIRI COLONY, VISALAKSHI NAGAR, VISAKHAPATNAM -530043. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE (HR-III PENSION AND GPF) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI- 522238. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, TRANSPORT, ROADS AND BUILDINGS DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI- 522238 3. THE TRANSPORT COMMISSIONER, A.P, NTR BLOCK, APSRTC BUS STAND, VIJAYAWADA-520013. 4. THE DIRECTOR OF TREASURIES AND ACCOUNTS, GOVERNMENT OF ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT-522503. ...RESPONDENT(S): 2 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 order, proceedings or writ more particularly one in the nature of 'Writ of Mandamus' declaring the action of the Respondents in withholding and releasing the petitioner's pensionary and other retiral benefits after inordinate and unexplained delay and in failing to pay interest on the delayed payment of the said retiral benefits, despite the petitioner satisfying all the conditions stipulated under G.O.Ms.No.59, Finance (HR-Ill Pension and GPF) Department, dated 07.10.2025, as illegal, arbitrary, unreasonable, violative of Articles 14, 21 and 300A of the Constitution of India and contrary to the Andhra Pradesh Revised Pension Rules, 1980 and G.O.Ms.No.59, Finance (HR-III Pension and GPF) Department, dated 07.10.2025, and consequently direct the Respondents to calculate and pay interest on the delayed payment of the petitioner's pensionary and other retiral benefits at the applicable General Provident Fund (GPF) rate prevailing on the respective dates of sanction of each delayed retiral benefit, which was 7.1 percent per annum at the relevant point of time, together with all consequential monetary benefits, costs of the Writ Petition 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 provisionally calculate and release the interest payable on the delayed payment of the petitioner's pensionary and other retiral benefits at the applicable General Provident Fund (GPF) rate prevailing on the respective dates of sanction of each delayed retiral benefit, which was 7.1% per annum at the relevant point of time, in terms of G.O.Ms.No.59, Finance (HR-III Pension & GPF) Department, dated 07.10.2025, and further direct the Respondents to forthwith release the balance unpaid retiral benefits, if any, together with all consequential monetary benefits, Counsel for the Petitioner: 1. G V S KISHORE KUMAR Counsel for the Respondent(S): 1. GP FOR TRANSPORT 3 2. GP FOR FINANCE PLANNING The Court made the following: 4 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.26995 of 2026 ORDER: 1. The present Writ Petition is filed questioning the action of the Respondent-Authorities in withholding and not releasing the pensionary and other retiral benefits of the Petitioner, causing unexplained delay, and failing to pay interest on the delayed payment, as illegal and arbitrary. 2. The Petitioner had initially joined the Government service as a Lower Division Stenographer (LD Steno) on 13.12.1986 and, in course of time, he was promoted to the post of Senior Assistant on 16.10.2002 and thereafter promoted as Administrative Officer on 26.09.2016. Later, the Petitioner retired from service on 30.09.2024 upon attaining the age of superannuation, and no criminal case or disciplinary proceedings were pending against the Petitioner. 3. Though the Petitioner retired from service on 30.09.2024, there was substantial delay in payment of his retirement benefits, as mentioned in the tabular statement below:- Sl.No. Retiral Benefit Amount (Rs.) Actual Date of Payment Delay from 01.10.2024 1. GPF Final Settlement 41,22,293/- 24.03.2025 174 days (about 6 months) 5 2. Gratuity 16,00,000/- 18.03.2026 533 days (about 18 months) 3. Earned Leave Encashment 17,21,490/- 09.04.2026 555 days (about 19 months) 4. GIS 66,407/- 27.01.2026 483 days (about 16 months) 5. Surrender Leave 86,075/- Not yet paid Continuing Delay (more than 24 months) 4. Questioning the delay in payment of retirement benefits, the Writ Petition is filed. 5. Learned counsel for the Petitioner relied on the Judgment, dated 12.07.2022, of this Court in W.A.No.383 of 2022 and W.P.No.39362 of 2022, dated 04.09.2025, and seeks interest at 9% per annum on the delay in payment of the retirement benefits. 6. Learned Government Pleader for Services submitted that the delay in payment of the retirement benefits to the Petitioner would be examined and appropriate interest would be paid to the Petitioner in the event the claim of Petitioner was established. 7. Heard Sri G.V.S. Kishore Kumar, learned counsel for the Petitioner as well as learned Government Pleader for Services. 8. In W.A.No.383 of 2022, the Division Bench of this Court, vide its order dated 12.07.2022, awarded interest at 9% for the delay in 6 payment of retirement benefits. Paragraph No.13 thereof is extracted below:- “13. In view of the above observation, the Writ Appeal is partly allowed modifying the order impugned, dated 29.01.2021, passed in W.P.No.870 of 2021 while reducing the rate of interest from 12% p.a. to 9% p.a. on the retirement benefits of the respondent no.1/petitioner from the date they become due till the date of realization. There shall be no order as to costs.” 9. Similar orders were passed by the Coordinate Benches of this Court in W.P.No.39362 of 2022, dated 04.09.2025, and W.P.No.4463 of 2023, dated 23.02.2023. 10. In the light of the above, this Writ Petition is disposed of, with the following directions:- (i) The Respondent-Authorities are directed to examine the claim for interest for the delay in payment of the retirement benefits to the Petitioner and to pay appropriate interest. 11. No order as to costs. 12. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY Date: 28.09.2026 chs 7 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 103 WRIT PETITION No.26995 of 2026 Dated: 28.09.2026 chs