1 APHC010324062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] WEDNESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 20670/2025 Between: 1. P MADHUSUDHANA RAO, S/O LATE KONDAIAH, AGED ABOUT 62 YEARS, RETIRED ASSISTANT ARCHTECETURAL DRAFTSMEN, (AADM), AP CAPITAL REGION DEVELOPMENT AUTHORITY (APCRDA), VIJAYAWADA, R/O FLAT NO 401, JKS ESTATES, MARUTHINAGAR, VIJAYAWADA URBAN, KRISHNA DISTRICT, 522 004. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY IT PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT (VIG IV. 2) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER, ANDHRA PRADESH CAPITAL REGION DEVELOPMENT AUTHORITY (CRDA), VIJAYAWADA, NTR DISTRICT . ...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 or direction more particularly one in the nature of Writ of Mandamus declaring the impugned Endorsement issued by the 2nd Respondent dated 21-08-2024 rejecting the claim of the Petitioner of 2 sanction of 80 percent retirement Gratuity under guise of pendency of FIR 08/RCT-ACB-VJA-2008, dated 15-03-2014, Under Section 7 of the Prevention of Corruption of AP Revised Pension Rules,1980 as illegal, arbitrary and contrary to the G.O.Rt.No.1097, Finance and Planning (FW Pen 1) Department dated 22.6.2000 and Rule 52 (1)(c) 2nd Proviso of AP Revised Pension Rules, 1980 and set aside the same and consequently direct the respondents to release the 80 percent retirement gratuity of the petitioner in terms of G O Rt No. 1097, Finance and Planning (FW Pen-1) Department, dated 22.6.2000 and Rule 52(1) ( c ) 2nd proviso of A P Revised Pension Rules, 1980 and on the same analogy of similar orders passed in WP. No. 2545 /2020, W.P. No. 6050/2021 and W.P. No. 33884/2022 and to pass IA NO: 1 OF 2025 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 80% Retirement Gratuity of the Petitioner pending FIR No. 08/RCT-ACB-VJA/2008, dated 15.3.2014 in terms of G.O.Rt. No. 1097, Finance & Planning (FW-Pen-1) Department, dated 22-6-2000 on the same analogy of similar orders passed by this Hon’ble Court in WP. No. 2545 /2020, W.P. No. 6050/2021 and W.P. No. 33884/2022 pending disposal of the writ Petition and to pass Counsel for the Petitioner: 1. A SREEDHAR Counsel for the Respondent(S): 1. GP FOR SERVICES I 2. S PRANATHI The Court made the following: 3 ORDER: The present writ petition is filed seeking the following relief: “….to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the impugned Endorsement issued by the 2nd Respondent dated 21-08-2024 rejecting the claim of the Petitioner of sanction of 80 percent retirement Gratuity under guise of pendency of FIR 08/RCT- ACB-VJA-2008, dated 15-03-2014, Under Section 7 of the Prevention of Corruption of AP Revised Pension Rules,1980 as illegal, arbitrary and contrary to the G.O.Rt.No.1097, Finance and Planning (FW Pen 1) Department dated 22.6.2000 and Rule 52 (1)(c) 2nd Proviso of AP Revised Pension Rules, 1980 and set aside the same and consequently direct the respondents to release the 80 percent retirement gratuity of the petitioner in terms of G.O.Rt.No.1097, Finance and Planning (FW Pen-1) Department, dated 22.6.2000 and Rule 52(1) ( c ) 2nd proviso of A P Revised Pension Rules, 1980 and on the same analogy of similar orders passed in W.P.No.2545/2020, W.P.No. 6050/2021 and W.P.No.33884/2022 and to pass…..” 2. Heard Mr. A.Sreedhar, learned counsel for the petitioner and learned Government Pleader appearing for the respondents. 3. The contention of the petitioner is that as per G.O.Rt.No.1097 dated 22.6.2000, the petitioner is also entitled for leave encashment salary and 80% of retirement gratuity and the said aspect was considered by this Court in W.P.No.33884 of 2022 and the same was disposed on 30.01.2025 with a direction to pay 80% of retirement gratuity to the petitioner. In the identical cases, the department has filed Writ Appeal vide W.A.No.196 of 2022 and the same was disposed of with the following direction: 4 “For the foregoing discussion, the said part of the impugned order passed by the learned single Judge allowing payment of 80% of the retirement gratuity to the writ petitioner is set aside. However, we observe that the writ petitioner is entitled to leave encashment.” 4. Learned Government Pleader submitted that the Court may pass appropriate orders. 5. Considering the observations of the Division bench, this Writ Petition is also disposed of directing the respondents herein to pay the leave encashment salary to the petitioner, within a period of two (02) months from the date of receipt of a copy of the order. No costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. _______________________ JUSTICE D.RAMESH Date: 11.3.2026 RD 5 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.20670 of 2025 Dated: 11.3.2026 RD