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2026 DAILYLAW 17052 (AP)

SHAIK NAGUR IMAM v. THE STATE OF AP

WP/4598/2026 · 2026-02-18

D Ramesh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010074172026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] THURSDAY,THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 4598/2026 Between: 1. SHAIK NAGUR IMAM, S/O. SHAIK SUBHAN, AGED 63 YEARS, OCC. RETIRED AS SCHOOL ASSISTANT (B.S.) R/O.D.NO. 1-8/2, MINI BYE PASS ROAD, NEAR LIONS CLUB, K.K. RAJU GRREN CITY, ELURU, ELURU DISTICT, ANDHRA PRADESH -534 001 2. MANDAPATI KESAVA REDDY, S/O. M. NAGI REDDY, AGED 63 YEARS, OCC. RETIRED AS SCHOOL ASSISTANT (B.S.), R/O.D.NO.7-119, MOCHARLAVARI STREET, VENKATRAMABAGH, CHINTALAPDU POST AND MANDAL, ELURU, ELURU DISTICT, ANDHRA PRADESH -534 460 3. G. NAGESWARA RAO, S/O. G. KATAIAH, AGED 63 YEARS, OCC. RETIRED AS HEAD MASTER, R/O. D.NO. 8-149, SRINIVASA NAGAR LAST LINE, VISSANAPETA, NTR DISTRICT, ANDHRA PRADESH - 521215 ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT -522238 2. THE ANDHRA PRADESH, CENTER FOR FINANCIAL SYSTEMS AND SERVICES, 3RD FIOOR, NIDHI BHAVAN, IT PARK, BEHIND APIIC BUILDING MANGALAGIRI, GUNTUR DISTRICT, REP. BY ITS CHIEF EXECUTIVE OFFICER.522503 3. THE DIRECTOR, TREASURIES AND ACCOUNTS DEPARTMENT, 1STFLOOR, NIDHI BHAVAN, MANGALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH -522503 4. THE DISTRICT TREASURY OFFICER, ELURU DISTRICT, ELURU, A.P - 534007 5. THE SUB TREASURY OFFICER, ELURU, ELURU DISTRICT, A.P. - 534001 6. THE SUB TREASURY OFFICER, NUZVID, ELURU DISTRICT, A.P. - 521201 7. THE SUB TREASURY OFFICER, CHINTALAPUDI, ELURU DISTRICT, A.P -534460 ...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, order direction more particularly one the nature of a writ of Mandamus declaring the action of the respondents in not releasing the retiremental benefits i.e., Encashment of Earned Leave and Half Pay Leave, Surrender Leave, GIS etc. Gratuity to the petitioners herein despite they were retired from service on 31-12-2024, 30-06-2025 and 31-01-2025 respectively is illegal, arbitrary, unjust and violative of Art.14, 16 and 300-A of the Constitution of India and consequently direct the respondents to pay the Gratuity, Encashment of Earned Leave and Half Pay Leave, Surrender Leave, GIS etc., along with 9percentage interest on the delayed retiremental benefits in terms of law laid down by the Hon’ble Apex Court reported in (2022) 4 SCC 627 and W.A. No. 383 of 2022 dated 12-07- 2022 to the petitioners and 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 pleased to direct the respondents to release all the retiremental benefits i.e. Gratuity, Encashment of Earned Leave and Half Pay Leave, Surrender Leave, GIS etc., forthwith to the petitioners, pending disposal of the above writ petition and pass Counsel for the Petitioner(S): 1. KAVITHA GOTTIPATI Counsel for the Respondent(S): 1. GP FOR SERVICES I THE HONOURABLE SRI JUSTICE D RAMESH ORDER: The present Writ Petition is filed questioning the action of Respondents in not releasing the retirement benefits i.e., the Gratuity, encashment of Earned Leave and Half Pay leave, Surrender Leave, GIS etc.,, to the Petitioners though they had retired from service on 31.12.2024, 30.06.2025 and 31.01.2025 respectively as illegal and arbitrary. 2. The Petitioner Nos.1 and 2 were promoted as School Assistants and retired from service on 31.12.2024 and 30.06.2025 on attaining the age of Superannuation and Petitioner No.3 was promoted as Head Master and retired from service on 31.01.2025 on attaining the age of superannuation. As the retirement benefits of the Petitioners are not being processed, the present Writ Petition is filed. 3. Learned Assistant Government Pleader submits that upon quantification of the petitioners’ retirement benefits, the same will be released subject to clearance by the Finance Department. 4. As there is no dispute that the Petitioners had served in the School Education Department in various capacities and had retired from service on the dates mentioned above, the writ petition is disposed of with following directions: i) The Respondents are directed to process and pay the retirement benefits to the accounts of the Petitioners within a period of six (06) weeks from the date of receipt of a copy of this order, failing which, the respondents shall also consider the case of the petitioners for payment of interest as per rules. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. __________________________ JUSTICE D.RAMESH Date: 19.02.2026 M K K 170 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.4598 of 2026 Dated: 19.02.2026 M K K