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2026 DAILYLAW 16903 (AP)

NEELADRI SWATHI KUMARI v. THE STATE OF ANDHRA PRADESH

WP/4295/2026 · 2026-03-29

D Ramesh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010070982026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] MONDAY,THE THIRTIETH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 4295/2026 Between: 1. NEELADRI SWATHI KUMARI, D/O. (LATE) K.SAIRATNAM, W/O. (LATE) SHIVA RAMA KRISHNA, AGED ABOUT 41 YEARS, WIDOW, R/O.H.NO.7-7-50/B, BALUSULA PETA, SAMALKOTA TOWN, SAMALKOTA MANDAL, KAKINADA DISTRICT ( ERSTWHILE EAST GODAVARI DISTRICT) ANDHRA PRADESH-533440. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY IT S PRINCIPAL SECRETARY, B.C.WELFARE DEPARTMENT, ANDHRAPRADESH SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, 522234 2. THE DISTRICT COLLECTOR, KAKINADA DISTRICT, OFFICE OF THE DISTRICT COLLECTOR, BESIDES ZILLA PARISHAD. AT KAKINADA, ANDHRAPRADESH- 533001. 3. THE DISTRICT B C WELFARE AND EMPOWERMENT OFFICER, B.C.WELFARE DEPARTMENT, PRAGATHI BHAVAN,2ND FLOOR. OPPOSITE GOVERNMENT 2 DR,J W.P.NO.4295 OF 2026 GENERAL HOSPITAL, KAKINADA KAKINADA DISTRICT (ERSTWHILE EASTGODAVARI DISTRICT), ANDHRAPRADESH-533001. 4. THE ASSISTANT B C WELFARE OFFICER, B.C.WELFARE DEPARTMENT, AT B.C. BOYS COLLEGE HOSTEL, TALUPULAMMA LEVA CENTRE, JAGANNADHAGIRI, TUNI, KAKINADA DISTRICT ( EARSTWHILE EASTGODAVARI DISTRICT.) ANDHRAPRADESH-533401. 5. THE PRINCIPAL ACCOUNTANT GENERAL A AND E, ANDHRAPRADESH, STALIN CENTRAL, FLOOR, ADJACENT TO MANORAMA HOTEL, M.G.ROAD, GOVERNORPETA, VIJAYAWADA, ANDHRAPRADESH- 520002. ...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 topleased to issue an appropriate Writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the Respondents herein, especially of the Respondents No.2- 5 herein in not releasing and disbursing the retirement benefits to the petitioners herein, who are legal heirs of one Kogarapu Sairatnam, who has retired as Hostel Welfare Officer, Gr.ll, B.C.Welfare Department and who passed away on.12.07.2021, is illegal, arbitrary, unilateral and unconstitutional, high handed discrimination and without authority of law and violative of principles of natural justice and contrary to the settled law established by the Honble Supreme Court of India in Radhey Shyam Gupta Vs. Punjab National Bank and Ann, and many more cases as well as this Honble Court in several cases, besides violative of Articles 14, 21, and 300-A of the Constitution of India and consequently, direct the Respondents herein to release and disburse the retirement benefits to the petitioners herein due from the 3 DR,J W.P.NO.4295 OF 2026 Respondent-Government forthwith without any further delay since the Respondents have deliberately not released and disbursed the retirement benefits either to the employee, who passed away on. 12.07.2021 or to her legal heirs, who are the petitioners herein for the past 4(four) years, without sufficient cause and without authority of law and/or pass 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 Respondents herein to consider the case of the petitioners to release and disburse the retirement benefits to the petitioners herein by disposing of the application. dated:02.05.2025 submitted by the petitioners to release and disburse the retirement benefits due from the Respondent- Government, pending disposal of the main writ petition and /or pass Counsel for the Petitioner: 1. DR.VINAKOTI SRINIVASULU AND ASSOCIATES Counsel for the Respondent(S): 1. GP FOR SERVICES II 2. K SWARNA SESHU The Court made the following: 4 DR,J W.P.NO.4295 OF 2026 ORDER:- The writ petition is filed to declare the action of the respondents in not releasing and disbursing the retirement benefits to the petitioners and his legal representatives as illegal and arbitrary. 2. Heard learned counsel for the petitioners and learned Government Pleader for Services-III. 3. The learned counsel for the petitioners submits that, subsequent to the filing of the Writ Petition, the respondent authorities have considered the request made by the petitioners and have released the retirement benefits vide proceedings dated 27.02.2026. 4. In view of the said development, no further orders are required. 5. Recording the said submission, the Writ Petition is closed. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. __________________ JUSTICE D.RAMESH 30.03.2026 LSP