1 APHC010414762025 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: 21956/2025 Between: 1. G SESHACHARYULU, S/O.NARAYANACHARYULU AGED ABOUT 70 YEARS, OCC RETIRED TOWN PLANNING OFFICER, NARASARAOPETA MUNICIPALITY, RESIDING AT SALAPADU (V)CHEBROLE(M) GUNTUR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT BUILDINGS, AT VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DIRECTORATE OF TOWN AND COUNTRY PLANNING, GOVERNMENT OF ANDHRA PRADESH, REPRESENTED BY ITS DIRECTOR, MGM CAPITAL, MANGALAGIRI, GUNTUR DISTRICT. 3. THE PRINCIPAL ACCOUNTANT GENERAL, OFFICE OF THE ACCOUNTANT GENERAL, ANDHRA PRADESH, VIJAYAWADA. ...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 an order, writ or direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondents in not releasing 80 percent of the Petitioners Retirement Gratuity in furtherance of Letter Roc.No.820/2014/M1-P dated 19.05.2025 as illegal, arbitrary, discriminatory and contrary to G.O.Rt.No.1097 dated 22.06.2000, Rule 52(1 )(c) 2nd Proviso of the A.P. Revised Pension Rules, 1980 and judgements of this Hon'ble Court in W.P. No. 6050 of 2021, W.P. No. 3421 of 2021 and W.P. 2 No. 26546 of 2023and, consequently direct the Respondents to release 80 percent of the retirement gratuity forthwith in accordance with G.O.Rt.No.1097 dated 22.06.2000, Rule 52(1 )(c) 2nd Proviso of the A.P. Revised Pension Rules, 1980 and the judgments of this Hon'ble Court in W.P. No. 6050 of 2021, W.P. No. 3421 of 2021 and W.P. No. 26546 of 2023 forthwith and 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 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 amend the main prayer in W.P. No.21856 of 2025 as <action of the Respondents in not releasing 80% of the Petitioner’s Retirement Gratuity and Leave Encashment in furtherance of Letter Roc.No.820/2014/ M1-P dated 19.05.2025 as illegal, arbitrary, discriminatory and contrary to G.O.Rt.No.1097 and 22.06.2000, Rule 52(1 )(c) 2nd Proviso of the A.P. Revised Pension Rules, 1980 and judgments of this Hon’ble Court in W.P. No. 6050 of 2021, W.P. No. 3421 of 2021 and W.P. No. 26546 of 2023 and, consequently direct the Respondents to release 80% of the retirement gratuity and leave encashment forthwith in accordance with G.O.Rt.No.1097 dated 22.06.2000, Rule 52(1)(c) 2nd Proviso of the A.P. Revised Pension Rules, 1980 and the Judgments of this Hon’ble Court in W.P. No. 6050 of 2021, W.P. No. 3421 of 2021 and W.P. No. 26546 of 2023 forthwith and pass such other order or orders that the Hon’ble Court may deem fit and proper in the interest of justice= instead of <action of the Respondents in not releasing 80% of the Petitioner’s retirement Gratuity in furtherance of Letter Roc.No.820/2014/M1-P dated 19.05.2025 as iliegal, arbitrary, discriminatory and contrary to G.O.Rt.No.1097 dated 22.06.2000, Rule 52(1 )(c) 2nd Proviso of the A.P. Revised Pension Rules, 1980 and judgements of this Hon’ble Court in W.P. No. 6050 of 2021, W.P. No. 3421of 2021 and W.P. No. 26546 of 2023 and, consequently direct the Respondents to release 80% of the retirement gratuity forthwith in accordance with G.O.Rt.No.1097 dated 22.06.2000, Rule 52(1)(c) 2nd Proviso of the A.P. Revised Pension Rules, 1980 and the judgments of this 3 Hon’ble Court in W.P. No. 6050 of 2021, W.P. No. 3421 of 2021 and W.P. No. 26546 of 2023 forthwith and pass such other order or orders that the Hon’ble Court may deem fit and proper in the interest of justice= and pass Counsel for the Petitioner: 1. AISHWARYA NAGULA Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 4 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 action of the Respondents in not releasing 80 percent of the Petitioners Retirement Gratuity in furtherance of Letter Roc.No.820/2014/M1-P dated 19.05.2025 as illegal, arbitrary, discriminatory and contrary to G.O.Rt.No.1097 dated 22.06.2000, Rule 52(1 )(c) 2nd Proviso of the A.P. Revised Pension Rules, 1980 and judgments of this Hon'ble Court in W.P. No. 6050 of 2021, W.P. No. 3421 of 2021 and W.P. No. 26546 of 2023and, consequently direct the Respondents to release 80 percent of the retirement gratuity forthwith in accordance with G.O.Rt.No.1097 dated 22.06.2000, Rule 52(1 )(c) 2nd Proviso of the A.P. Revised Pension Rules, 1980 and the judgments of this Hon'ble Court in W.P.No.6050 of 2021, W.P.No.3421 of 2021 and W.P.No.26546 of 2023 forthwith and pass…..” 2. Heard M/s. Aishwarya Nagula, 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.6050 of 2021 and the same was disposed on 17.3.2021 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: 5 <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 6 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.21956 of 2025 Dated: 11.3.2026 RD