APHC010076532026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] WEDNESDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 4604/2026 Between: 1. PAKA SATYAM,, S/O. SUBBA RAO (LATE), AGED ABOUT 63 YEARS, WORKED AS HARBOUR CRAFTS SUPERINTENDENT (RETIRED), KAKINADA PORT, RIO. D.NO.4-285, SARPAVARAM JUNCTION, OLD GAIGOLUPADU, KAKINADA, EAST GODAVARI DISTRICT, A.P - 533005. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVTHI POST, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE CHIEF EXECUTIVE OFFICER, KAKINADA PORT, ILND FLOOR, IHC CORPORATE BUILDINGS, MANGALAGIRI, GUNTUR DISTRICT - 522503. 3. THE DIRECTOR OF PORTS, PORTS DEPARTMENT, GOVERNMENT OF A.P., A.P. MARITIME BOARD, KAKINADA PORT, KAKINADA, EAST GODAVARI, A.P - 533001 4. THE PORT OFFICER, A.P. MARITIME BOARD, KAKINADA PORT, KAKINADA, EAST GODAVARI DISTRICT, A.P. ...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 of Mandamus or any other appropriate writ, order, or direction, declaring the action of the respondents in not releasing the retirement benefits of the petitioner, including encashment of earned leave and 80percent gratuity, pending C.C. No. 160 of 2018, in terms of G.O. Rt. No. 1097, dated 22.06.2000, Finance and Planning (FW Pen I) Department, as illegal, arbitrary, and discriminatory, and consequently direct the respondents to release the said retirement benefits, in accordance with similar orders W.P. No. 2545 of 2020 dated 24.02.2020, and to 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 to further direct the respondents to release the Encashment of Earned Leave along with 80 of retirement Gratuity of the petitioner immediately, pending disposal of the above said writ petition and pass Counsel for the Petitioner: 1. SAYED SARDAR SAHEB AKIL Counsel for the Respondent(S): 1. GINJUPALLI SUBBA RAO 2. GP FOR SERVICES I THE HONOURABLE SRI JUSTICE D.RAMESH ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue a Writ of Mandamus or any other appropriate writ, order, or direction, declaring the action of the respondents in not releasing the retirement benefits of the petitioner, including encashment of earned leave and 80percent gratuity, pending C.C. No. 160 of 2018, in terms of G.O. Rt. No. 1097, dated 22.06.2000, Finance and Planning (FW Pen I) Department, as illegal, arbitrary, and discriminatory, and consequently direct the respondents to release the said retirement benefits, in accordance with similar orders W.P. No. 2545 of 2020 dated 24.02.2020, and to pass.…” 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader appearing on behalf of the respondents. 3. The petitioner was appointed as typist through A.P.P.S.C. under direct recruitment in the year 1985 and further he was promoted as Senior Assistant in 1994 and as Superintendent on 01.09.2004 in the office of Directorate of State Ports, Kakinada and further he was appointed as Harbour Crafts Superintendent 01.09.2007. While working there, an A.C.B. trap was done on 05.01.2015 for an amount of Rs.10,000/- and accordingly a crime is registered against the petitioner under Section 7, 13(2) read with 13(1)(D) of Prevention of Corruption Act, 1988 in C.C.No.160 of 2018 and the same is pending for trial before the Court of Special Judge for Trial of SPE and ACB, Rajamahendravaram. Pending the case for trial, the petitioner was retired on attaining the age of superannuation on 31.08.2024. 4. Though the petitioner got retired on the ground of the pendency of C.C. No.160 of 2018, the respondents have not released any retiremental benefits to him. Despite making several representations requesting the respondents to release the retiremental benefits to which he is entitled as per G.O.Rt.No.1097 dated 22.06.2000, the respondents have neither considered the same nor taken any action. Hence, the present Writ Petition. 5. Learned counsel for the petitioner submits that the identical issues have been considered by this Court as well as by the Hon’ble Apex Court and hold that the respondents ought not to have withheld the pensioner benefits, more specifically 80% of gratuity and Earned Leave. 6. The subject issue has also been considered in W.P.No.2545 of 2020 dated 24.02.2020, wherein this Court has held that : “This Court after considering the submissions made by both the learned counsels perused G.O.Rt.No.1097, dated 22.06.2000. As rightly pointed out by the learned counsel for the petitioner in that G.O. itself the Government considered the amounts that can be paid to the retired employee since no recoveries can be made from the amounts under Earned Leave and gratuity. In encashment of Earned Leave, the Government clearly held that the same can be with held if there is a possibility of some money becoming recovered from him on conclusion of the proceedings against him. As far as the retirement gratuity is concerned, similar matter was contemplated and ultimately it is concluded that claims upto 80% of the gratuity amount can be paid in contemplation of the final orders. Division Bench of this Court in W.P.No.30443 of 2016 also clearly held that there is no question of withholding the amount towards encashment of Earned Leave. In the case on hand, the matter pending before the Special Judge for SPE and ACB Cases, Vijayawada, relates to disproportionate assets. The same cannot be a ground for initiating any recovery proceedings. In that view of the matter, this Court is of the opinion that as per the directions in G.O.Rt.No.1097, dated 22.06.2000, the petitioner is entitled for encashment of Earned Leave and also 80% of the gratuity as prayed for in the Writ Petition. The stand taken by the Government is over ruled. The respondents are directed to forthwith process and pay the encashment of Earned Leave and 80% of the gratuity to the petitioner. With the above observations, the writ petition is allowed. The entire exercise should be completed within four (04) weeks from the date of receipt of a copy of this order.” 7. From the above, it can be seen that the petitioner is entitled for encashment of earned leave and 80% of gratuity in terms of G.O.Rt.No.1097 dated 22.06.2000, despite pendency of the criminal case. The above said orders were being followed by the coordinate benches of this Court in several Writ Petitions. 8. Considering the submissions made and on perusal of the written instructions furnished by the respondents, this Writ Petition is disposed of directing the respondents to consider the case of the petitioner by granting of retiremental benefits, more specifically encashment of earned leave and 80% of gratuity in terms of G.O.Rt.No.1097 dated 22.06.2000, within a period of four (04) weeks from the date of receipt of a copy of this Order. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. __________________________ JUSTICE D.RAMESH Date: 25.02.2026 M K K 190 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.4604 of 2026 Dated: 25.02.2026 M K K