APHC010144832026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 7977/2026 Between: 1. V INDUMATHI, W/O. P VENKATA SIVA KUMAR, AGED ABOUT 61 YEARS, OCC RETIRED ASSISTANT ENGINEER, R/O. 76-97- 439- 13-1,1 VENKAIAH NAGAR, KALLUR, KURNOOL DISTRICT, PINCODE 518003. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS CHIEF 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 EDUCATION, 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 AND WELFARE INFRASTRUCTURE DEVELOPMENT CORPORATION (APEWIDC), VADDESWARAM, TADEPALLI, GUNTUR DISTRICT, PINCODE 522502. 2 5. THE COMMISSIONER, DEPARTMENT OF SCHOOL .EDUCATION, VIDYA BHAVAN, VENKATADRI TOWERS, ATMAKURU (V), MANGALAGIRI (M), GUNTUR DISTRICT - 522503 6. THE SUPERINTENDING ENGINEER, APEWIDC DIVISION, GUNTUR, GUNTUR DISTRICT, PINCODE 522004. ...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 or direction declaring the action of the Respondents not releasing the Retirement benefits with a totaling of Rs.39,41,764/- i.e., l.Retirement Gratuity of Rs. 16,00,000/-, 2.Encashment of Earned Leave Salary of Rs. 17,96,150/-, S.Pending Salary for 2 months (i.e., January,2025 February, 2025) of Rs.4,45,614/- from January, 2024 to 13th March, 2025 of Rs. 1,00,000/-, withholding the same as illegal, arbitrary and violation of Article 21 and 300A of the Constitution of India and consequently direct the respondents to pay Retirement Gratuity, Earned Leave Encashment and pending arrears of salary, along with 9PERCENT interest on the delayed Retirement benefits in terms of well settled law of the Hon’ble Apex Court of India reported in and W.A.No.383 of 2022, dated 12.07.2022, such other or further and 4. DA arrears (2022) 4 see 627 immediately to the petitioner, 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 Please to direct the respondents to release all the Retirement benefits with a totaling of Rs.39,41,764/- i.e Gratuity of Rs. 16,00,000/-, 2.Encashment of Earned Leave Salary of Rs. 17,96,150/-, 3.Pending Salary for 2 months (i.e January,2025 & February, 2025) of Rs.4,45,614/- and 4. DA arrears from January, 2024 to 13th March, 2025 of Rs. 1,00,000/- immediately, pending disposal of the Writ Petition and pass 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: 3 THE HON’BLE SMT. JUSTICE V.SUJATHA Writ Petition No: 7977 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.39,41,764/- i.e., (1) Retirement Gratuity of Rs.16,00,000/-, (2) Encashment of Earned Leave Salary of Rs.17,96,150/- , (3) Pending Salary for two months (i.e. January, 2025 & February, 2025) of Rs.4,45,614/- and (4) DA arrears from January, 2024 to 13.03.2025 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. 4 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, within 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: 06.05.2026 MS 5 HON’BLE SMT JUSTICE V. SUJATHA Writ Petition No: 7977 of 2026 Date: 06.05.2026 MS