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2026 DAILYLAW 15092 (AP)

K B MAHALAKSHMI v. THE STATE OF AP

WP/1434/2024 · 2026-01-29

D Ramesh

body2026

Judgment text

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1 APHC010022512024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] FRIDAY,THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 1434/2024 Between: 1. K B MAHALAKSHMI, , S/O.(LATE) SUBRAHMANYAM, AGE 68 YEARS, RETIRED PROFESSOR IN GEOLOGY, ACHARYA NAGARJUNA UNIVERSITY, R/O. PLOT NO.33, SAIKIRAN APARTMENTS, BHARATI NAGAR, 1ST LAME, VIJAYAWADA-520008 2. Y.P.RAMASUBBAIAH, , S/O. SUBBAIAH AGE 68 YEARS, RETIRED PROFESSOR IN LAW, ACHARYA NAGARJUNA UNIVERSITY, R/O. 3-18-22, 3RD LANE, OLD PATTABHIPURAM, GUNTUR-522006 3. B.P.C.BOSE,, S/O. JAMPA REDDY (LATE) AGE 68 YEARS, RETIRED PROFESSOR IN POLITICS AND PUBLIC ADMINISTRATION, ACHARYA NAGARJUNA UNIVERSITY, R/O. 59A-21/5-25/1, 302, BRINDAVANAM APRTS, THANGELLAMUDIVARI ST, VIVEKANANDA COLONY, VIJAYAWADA-520008 4. A.V.DATTATREYA RAO, , S/O. (LATE) MALLIKHARJUNA RAO AGE 68 YEARS, RETIRED PROFESSOR IN STATISTICS ACHARYANGARJUNA UNIVERSITY, R/O. H.NO.9-3-184, 4TH LANE SYAMALA NAGAR, GUNTUR- 522006 2 5. P.V.SUBBA RAO, , S/O. ADISESHAIAH, AGE 67 YEARS, RETIRED INFORMATION SCIENTIST (ASST. PROFESSOR) ACHARYA NAGARJUNA UNIVERSITY A.M.LIBRARY R/O. 204, BALAJI HOMES, 5TH LANE PANDARIPURAM, GUNTUR-522002 6. M.V.RAMKUMAR RATNAM,, S/O. VENKATA RATNAM, AGE 67 YEARS, RETIRED PROFESSOR IN BUDDHIST STUDIES ACHARYA NAGARJUNA UNIVERSITY R/O. 103, INFO CITY INSPIRE, BHAGYALAXMI NAGAR PHASE-2, SERILINGARNPALLI, RANGAREDDY DIST. HYDERABAD-500018 7. Y.KISHORE,, S/O. SANKARAIAH (LATE) AGE 68 YEARS, RETIRED PROFESSOR IN PHYSICAL EDUCATION AND SPORTS SCIENCES ACHARYA NAGARJUNA UNIVERSITY RIO. 607, WILLOWS, RAIN TREE PARK NEAR ANU, NAMBUR, GUNTUR 522508 8. G.V.CHALAM, , S/O. RANGAIAH (LATE) AGE 67 YEARS, RETIRED PROFESSOR IN COMMERCE AND BUSINESS ADMINISTRATION ACHARYA NAGARJUNA UNIVERSITY RIO. C-67, SVN COLONY, GUNTUR- 522006 9. V.CHANDRASEKHAR RAO,, S/O. VENKATARATNAM, AGE 66 YEARS, RETIRED PROFESSOR IN COMMERCE AND BUSINESS ADMINISTRATION, ACHARYA NAGARJUNA UNIVERSITY R/O. PINE 608, RAIN TREE PARK, DWARAKA KRISHNA OPP . TO ANU, NAGARJUNA NAGAR, 522508 10. L.JAYASREE,, D/O. L.V.L.NARASIMHA RAO, AGE 67 YEARS, RETIRED PROFESSOR IN PC .DEPT OF LEGAL STUDIES AND ACHARYA NAGARJUNA UNIVERSITY RESEARCH RIO. SF 8, BLOCK A, VENKAT ENCLAVE TIKKIL ROAD, VIJAYAWADA 3 520010 ...PETITIONER(S) AND 1. THE STATE OF AP, , REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION (UE) DEPT A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT FINANCE DEPT, A.P.SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR. 3. THE ACHARYA NAGARJUNA UNIVERSITY, REP. BY ITS REGISTRAR, NAGARJUNA NAGAR GUNTUR ...RESPONDENT(S): Counsel for the Petitioner(S): 1. P V RAMANA Counsel for the Respondent(S): 1. GP FOR SERVICES I (AP) 2. M.CHALAPATHI SC For Nagarjuna University 3. GP FOR HIGHER EDUCATION (AP) The Court made the following: 4 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.1434 of 2024 ORDER: The present writ petition is filed seeking the following relief: “….to issue a Writ, Order or direction more in the nature of Mandamus declaring the action of the respondents in not paying enhanced commutated pension arrears and revised pension arrears as per UGC RPS 2016 from the date of our retirement till 31.3.2019 is illegal and violates Article 21 and 300(A) of Constitution of India and contrary to the law laid down by the Apex Court for releasing retirement benefits promptly and consequently declare that the petitioners are entitled for difference amounts of commutation of pension under 2016 UGC Pay Scales and differential amounts in fixation of pension with interest @ 12 percentage p.a. in the interest of justice….” 2. Heard learned counsel for the petitioners, learned Assistant Government Pleader appearing for respondent Nos.1 and 2 and learned Standing Counsel appearing for 3rd respondent – University. 3. For implementation of the revised scales, in pursuance of the budget release order, the Government has sanctioned an amount of Rs.500 Crores and subsequently, the Government has also issued G.O.Ms.No.17, dated 31.05.2023. According to the 5 said orders, the amount has to be released in four spells. First spell should be by end of June, 2023, second spell should be by end of September, 2023, third spell should be by end of December, 2023 and finally by end of March, 2024. The amount has to be paid to all retired teachers/professors. In fact, the respondents have not released the amounts to the petitioners so far. 4. Learned counsel for the petitioners has also brought to the notice of this Court that some identical persons have approached this Court by filing W.P.No.30513 of 2022, wherein interim orders were granted on 28.09.2022 directing the respondents to pay the commuted value of pension to the petitioners as fixed in the orders of competent authorities and arrears towards UGC 2016 RPS arrears from 01.01.2016 to March, 2019 within a period of six weeks. Based on the above said interim orders, the 3rd respondent-University has paid the arrears. However, as far as the petitioners are concerned, the authorities have not been released the arrears so far. 6 5. Reply to the said contentions, learned Standing Counsel appearing on behalf of the 3rd respondent - University has made his submissions based on the averments made in the counter, wherein it is specifically stated that an additional amount of Rs.14.50 Crores was sanctioned towards salaries/pension and arrears. However, due to the closure of the CFMS site, they were unable to upload the bills. The said counter was filed by the 3rd respondent on 15.08.2025. 6. Considering the said submissions and also on perusal of the orders passed by the Government as well as the orders of this Court, this Writ Petition is disposed of directing the respondents to consider and release the enhanced commutated pension arrears and revised pension arrears as per UGC RPS 2016 from 01.01.2016 to 31.03.2019 within a period of two (2) months from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. _______________________ JUSTICE D.RAMESH Date: 30.01.2026 Ivd 7 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.1434 of 2024 Dated: 30.01.2026 Ivd