APHC010042152015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] FRIDAY,THE TWENTY SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 11713/2015 Between: 1. MD. VAHED HUSSAIN, S/O MOHAMMED ISMAIL, 58 YEARS, RETIRED ASSISTANT ENGINEER (I/C), % THE EXECUTIVE ENGINEER, A.P. EDUCATION & WELFARE INFRASTRUCTURE DEVELOPMENT CORPORATION, WGDT., ELURU R/O DOOR NO. 2-21/2, RAJA RAJESWARI NAGAR, KHANDRIKAGUDEM, ELURU, WGDT. 2. AZAZ AHMED, S/O. LATE VAHED HUSSIAN, AGED 40 YEARS, OCC MEDICAL REPRESENTATIVE, INDIZEN PHARMA, R/O. D.NO. 48-4-4, NEHRU NAGAR, RAJAHMUNDRY 3. SHIHABUNNISA BEGUM, W/O. LATE VAHEB HUSSIAN, AGED 60 YEARS, OCC HOUSE WIFE, R/O. D.NO.2-21/2, RAJA RAJESWARI NAGAR, KANDRIKA GUDEM, ELURU. 4. VASEEM AHMED, S/. LATE VAHEB HUSSIAN, AGED 39 YEARS, OCC TAILOR, R/O. D.NO.2-21/2, RAJA RAJESWARI NAGAR, KANDRIKA GUDEM, ELURU 2 MRK,J W.P.NO.11713 OF 2015 5. SHAHINARA SULTANA, D/O. LATE VAHED HUSSIAN W/O. SAJID PASHA, AGED 41 YEARS, OCC HOUSE WIFE, R/O. DURGA NAGAR, GOPALAPATNAM, VISAKHAPATNAM. 6. MD NAZIMA, D/O. LATE VAHED HUSSIAN, W/O. ZAHEER REHAMAN, AGED 37 YEARS, OCC HOUSE WIFE, R/O. CHINNA WALTAIR, VISAKHAPATNAM. PETITIONER NOS. 2 TO 6 ARE BROUGHT ON RECORD AS LRS TO DECEASED 1ST PETITIONER AS PER COURT ORDER DATED 05.09.2024 VIDE I.A.NO.1 OF 2023 IN W.P NO 11713 OF 2015 ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY TO GOVERNMENT, SCHOOL EDUCATION DEPARTMENT, SECRETARIAT, HYDERABAD. 2. THE ANDHRA PRADESH EDUCATION WELFARE INFRASTRUCTURE, DEVELOPMENT CORPORATION, (WHEREIN ANDHRA PRADESH SCHEDULED CASTES CO-OPERATIVE FINANCE CORPORATION LIMITED WAS MERGED) REPRESENTED BY ITS MANAGING DIRECTOR, 4TH FLOOR, RVM BUILDING, SCERT COMPOUND, HYDERABAD. 3. THE EXECUTIVE ENGINEER, ANDHRA PRADESH EDUCATION & WELFARE INFRASTRUCTURE DEVELOPMENT CORPORATION, (WHEREIN ANDHRA PRADESH SCHEDULED CASTES CO-OPERATIVE FINANCE CORPORATION LIMITED WAS MERGED) ELURU, WEST GODAVARI DISTRICT. ...RESPONDENT(S): 3 MRK,J W.P.NO.11713 OF 2015 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 toto issue a writ order or direction particularly one in the nature of writ of mandamus declaring that Memo No. E1/240/MD/APEWIDC/2015-1 dated 02.04.2015 issued by the Managing Director, A.P. Education 8 Welfare Infrastructure Development Corporation, Hyderabad rejecting the peliboner's case for sanction of retiring benefits is illegal and arbitrary and fudher declaring that the petitioner is entitled to be sanctioned retirement benefits viz., Pension, Gratuity, Commuted Value of Pension and Encashment of Leave consequent to his retirement on 31.07.2014 as the petitioner has rendered 27 years of regular service as Work Inspector IA NO: 1 OF 2015(WPMP 15479 OF 2015 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 release pension pending disposal of the Writ Petition IA NO: 2 OF 2015(WPMP 17426 OF 2015 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 petitioner to amend the Main Relief in the Writ Petition by deleting the words "pension and commuted value of pension' in the Main Relief and the word 'pension' in the Interim relief and instead add 'terminal benefits as per Rule 23 of Service Rules of the Corporation in Interim Relief IA NO: 1 OF 2023 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 Pleased to bring petitioners as legal heirs of Writ Petitioner by impleading them as 4 MRK,J W.P.NO.11713 OF 2015 petitioners in W.P No. 11713 of 2015 in the interest of justice and pass Counsel for the Petitioner(S): 1. M SRIKANTH 2. V CH NAIDU Counsel for the Respondent(S): 1. A YADAVA REDDY(SC FOR TSEWIDC) 2. GP FOR EDUCATION (AP) 3. G V S KISHORE KUMAR The Court made the following: 5 MRK,J W.P.NO.11713 OF 2015 ORDER The instant Writ Petition is filed seeking following main relief: “....to issue a writ order or direction particularly one in the nature of writ of mandamus declaring that Memo No. E1/240/MD/APEWIDC/2015-1 dated 02.04.2015 issued by the Managing Director, A.P. Education 8 Welfare Infrastructure Development Corporation, Hyderabad rejecting my case for sanction of retiring benefits is illegal and arbitrary and further declaring that I am entitled to be sanctioned retirement benefits viz., Pension, Gratuity, Commuted Value of Pension and Encashment of Leave consequent to his retirement on 31.07.2014 as the petitioner has rendered 27 years of regular service as Work Inspector...” 2. Learned counsel for the petitioner submits that the petitioner who was working as an Assistant Engineer (Incharge) under the 2nd respondent/Corporation, retired from service on 31.07.2014. According to the petitioner, though he was eligible for the pensionary benefits, the same were not issued to him vide Memo No.E1/240/MD/APEWIDC/2015-1, dated 02.04.2015 issued by the 2nd respondent/Corporation, pensionary benefits of the petitioner were rejected and the same was challenged by filing the instant writ petition. 3. When the matter is taken up for hearing, the learned Standing Counsel for the 2nd respondent/Corporation furnished a copy of the proceedings dated 12.07.2023, wherein the gross amount of Rs.6,95,871/-, has been paid towards the retirement gratuity in favour of the petitioner. The said proceedings dated 6 MRK,J W.P.NO.11713 OF 2015 12.07.2023 and also receiving of the total amount of Rs.6,95,871/- were not disputed by the learned counsel for the petitioners. Thus, both sides requested the Court to close the writ petition by recording the above proceedings dated 12.07.2023. 4. Considering the above facts and circumstances, more particularly the proceedings dated 12.07.2023 issued by the Managing Director, APEWIDC, Vaddeswaram, the cause in the writ petition has already been redressed and a copy of the proceedings is placed on record. 5. Recording the said submissions of the both counsel, the writ petition is closed. No costs. As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. __________________________ MAHESWARA RAO KUNCHEAM, J 27.02.2026 LSP