APHC010145372026 IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 7986/2026 Between: 1. S RAMA MOHAN,, S/O.S APPARAO LATE, AGED ABOUT 64 YEARS, OCC RETIRED ASSISTANT ENGINEER, R/O.65 VENKATARAO STREET, NARASANNA NAGAR, KAKINADA, KAKINADA DISTRICT, PINCODE 533003 1. THE STATE OF ANDHRA PRADESH, REP. BY SECRETARY, GOVERNMENT OF GENERAL ADMINISTRATION DEPARTMENT (GAD), SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, PINCODE 522238. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF SCHOOL EDUCATIO SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, PINCODE 522238. 3. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, PINCODE 522238. 4. THE MANAGING DIRECTOR, ANDHRA PRADESH EDUCATION FIS WELFARE INFRASTRUCTURE DEVELOPMENT CORPORATION (APEWIDC), VADDESWARAM, TADEPALLI, GUNTUR DISTRICT, PINCODE 522502. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 7986/2026 S RAMA MOHAN,, S/O.S APPARAO LATE, AGED ABOUT 64 YEARS, OCC RETIRED ASSISTANT ENGINEER, R/O.65- VENKATARAO STREET, NARASANNA NAGAR, KAKINADA, KAKINADA DISTRICT, PINCODE 533003 ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY SECRETARY, GOVERNMENT OF GENERAL ADMINISTRATION DEPARTMENT (GAD), SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, PINCODE 522238. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF SCHOOL EDUCATIO SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, PINCODE 522238. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR INCODE 522238. THE MANAGING DIRECTOR, ANDHRA PRADESH EDUCATION FIS WELFARE INFRASTRUCTURE DEVELOPMENT CORPORATION (APEWIDC), VADDESWARAM, TADEPALLI, GUNTUR DISTRICT, IN THE HIGH COURT OF ANDHRA PRADESH [3333] THE HONOURABLE SMT JUSTICE V.SUJATHA S RAMA MOHAN,, S/O.S APPARAO LATE, AGED ABOUT 64 YEARS, -12-4/1, KALA VENKATARAO STREET, NARASANNA NAGAR, KAKINADA, ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY ITS CHIEF SECRETARY, GOVERNMENT OF GENERAL ADMINISTRATION DEPARTMENT (GAD), SECRETARIAT BUILDINGS, VELAGAPUDI, THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF SCHOOL EDUCATION, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR THE MANAGING DIRECTOR, ANDHRA PRADESH EDUCATION FIS WELFARE INFRASTRUCTURE DEVELOPMENT CORPORATION (APEWIDC), VADDESWARAM, TADEPALLI, GUNTUR DISTRICT, 5. THE COMMISSIONER, DEPARTMENT OF SCHOOL EDUCATION, VIDYA BHAVAN, VENKATADRI TOWERS, ATMAKURU (V), MANGALAGIRI (M), GUNTUR DISTRICT - 522503. 6. THE EXECUTIVE ENGINEER, APEWIDC, MACHILIPATNAM, KRISHNA DISTRICT, PINCODE 521001 ...RESPONDENT(S): Counsel for the Petitioner: 1. MODAPOTHULA SUMALATHA Counsel for the Respondent(S): 1. V CH NAIDU 2. GP FOR SERVICES III 3. GP FOR SERVICES I The Court made the following: THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 7986 of 2026 O R D E R: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief: “…to issue a Writ of Mandamus or any other appropriate writ or direction declaring the action of the respondents not releasing the retirement benefits with a totaling of Rs.9,63,270/- i.e., (1) Retirement Gratuity of Rs.8,22,382/- and (2) Encashment of Half Pay Leave of Rs.12,332/-,(3) DA arrears from 2018 to August 2021 of Rs. 1,00,000/- withholding the same as illegal, arbitrary and violation of Article 21 and 300-A of the Constitution of India and consequently direct the respondents to pay Retirement Gratuity, Earned Leave Encashment and pending arrears of salary, along with 9% interest on the delayed retirement benefits in terms of well settled law of the Hon’ble Apex Court of India reported in (2022) 4 SCC 627, and W.A.No.383 of 2022, dated 12.07.2022, immediately to the petitioner, and pass such other or further orders….” 2. Heard learned counsel for the petitioner, learned Assistant Government Pleader and learned Standing Counsel appearing for the respondents. 3. Learned counsel for the petitioner would submit that the petitioner was retired from service, on attaining the age of superannuation. He would submit that, even though no departmental proceedings are pending, retirement benefits, i.e., Gratuity and encashment of Earned Leave etc., are not released to the petitioner. 4. It is brought to the notice of this Court by learned counsel for the petitioner that the order passed by this Court in W.P.No.1537 of 2026, dated 20.01.2026, is squarely applicable to the facts of the present case, and the same is not opposed by the other side. 5. Learned Assistant Government Pleader for Services and learned Standing Counsel would fairly submit that no departmental proceedings are pending against the petitioner. They would submit that due to paucity of funds, the amount was not released to the petitioner. They also submitted that the amount will be paid to the petitioner as expeditiously as possible. 6. Given the facts and circumstances of the case, the Writ Petition is disposed of at the stage of admission with the consent of both the learned counsel, with the following directions: (i) Respondents shall clear all the amounts as claimed by the petitioner in the Writ Petition and as per her entitlement, without four (4) months by following the Rules, from the date of receipt of copy of this order; and (ii) Respondents shall also pay interest to the petitioner for the delayed payments as per settled Law. (iii) No order as to costs. As a sequel, interlocutory applications pending, if any, shall stand closed. __________________ JUSTICE V.SUJATHA Date: 07.05.2026 KK