1 APHC010243382026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] WEDNESDAY,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 13181/2026 Between: 1. S VENKATA RAO, S/O. LATE SRI RAMAPPADU, AGED 63 YEARS, OCC ASSISTANT MOTOR VEHICLE INSPECTOR (RETIRED) O/O. DEPUTY TRANSPORT COMMISSIONER, SIRKAKULAM, SIRKAKULAM DISTRICT-532185. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, TRANSPORT, ROADS AND BUILDINGS DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT-522238. 2. THE TRANSPORT COMMISSIONER, STATE OF A.P, VIJAYAWADA, NTR DISTRICT-520001. 3. THE PRINCIPAL ACCOUNTANT GENERAL, STATE OF AP, STALIN CENTER MALL, VIJAYAWADA, NTR DISTRICT- 520001. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the 2 High Court may be pleased to issue an appropriate order or directions more particularly, one in the nature of Writ of Mandamus, declaring the action of the respondents in not releasing the Encashment of Earn Leave on pendency of Criminal cases vide C.C.No. 27 of 2007 on the file of the III Additional District Judge - cum Spl. Judge for ACB Cases, at Visakhapatnam, vide Charge Memo G.O.Rt.No. 754 Revenue Department dated 14.09.2020 and Criminal Case vide Crime No. 06/RCA-CIU-ACB/2018 dated 01.11.2018 in Central Investigation Unit ACB Vijayawada in terms of G.O.Rt.No.1097, Finance and Planning Department, dated 22.06.2000 as highly illegal, arbitrary. discrimination and violation of Article 14, 16 and 21 of the Constitution of India and consequentially direct the respondents to release the Encashment of Earned Leave to the petitioner, pendency of the above criminal cases and departmental proceedings in pursuance of G.O.Rt.No.1097, Finance and Planning (FW.Pen.l) Department, dated 22.06.2000 and similar orders passed in W.A.NO 196 of 2022 dated 16.02.2022and to 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 the Encashment of Earned Leave, to the petitioner forthwith in pursuance of G.O.Rt.No.1097, Finance & Planning (FW.Pen.l) Department, dated 22.06.2000 and similar orders passed in W.A.No 196 of 2022 dated 16.02.2022pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. T S N SUDHAKAR Counsel for the Respondent(S): 1. GP FOR SERVICES II 3 The Court made the following: ORDER: The petitioner, a retired Assistant Motor Vehicle Inspector, filed the above writ petition complaining inaction of the respondents in releasing the encashment of earned leave on the ground of pendency of charge sheet in C.C.No.27 of 2007 on the file of the III Additional District & Sessions Judge-cum-Special Judge for ACB Cases, Visakhapatnam, as illegal, arbitrary and contrary to the Proviso (ii) of Rule 52(1)(c) of Andhra Pradesh Revised Pension Rules, 1980. 2. Heard the learned counsel for the petitioner, Sri S.Raju, learned Assistant Government Pleader for Transport and the learned standing counsel for 3rd respondent. 3. The petitioner while working as an in the office of Transport Department, was suspended on 18.12.2018 because of the ACB trap. The petitioner retired from service on 31.07.2024 on attaining the age of superannuation. During pendency of the above said case, the petitioner is entitled to claim 80% of Gratuity in terms of Rule 52 of A.P. Revised Pension Rules, 1980 and G.O.Rt.No.1097 dated 22.08.2000, but the respondents did not even consider the 4 representation of the petitioner submitted and did not pay the 80% of gratuity to the petitioner. Hence, the present writ petition. 4. At the hearing, learned counsel for the petitioner would submit that though the petitioner is entitled to 80% of gratuity, the same is not paid despite G.O.Rt.No.1097 Finance and Planning (FE.Pen.I) Dept., dated 22.06.2000. Learned counsel brought to the notice of this Court to the order of the Division Bench of the Composite High Court in W.P.No.30443 of 2016 and the order dated 19.10.2023 passed by the learned Single Judge of this Court in W.P.No.27789 of 2023. 5. As per the submissions of the learned Assistant Government Pleader for the respondents 1 and 2 shows that the petitioner is not entitled to retirement benefits because of Rule 52 (C) (1) of the Andhra Pradesh Revised Pension Rules, 1980. 6. The Government issued G.O.Rt.No.1097 Finance and Planning (FE.Pen.I) Dept., dated 22.06.2000 regarding payment of Pensionary benefits to the Government Servants retired from service pending disciplinary action. In respect of retirement gratuity, it was prescribed that the gratuity shall be paid up to 80% except in the cases falling under sub-rule (2) of rule 22 of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991. 5 7. Learned Single Judge of this Court by relying upon the order dated 24.02.2020 in W.P.No.2545 of 2020 allowed the writ petition directing the respondents therein to forthwith process and pay the encashment of earned leave and 80% of the Gratuity to the petitioner therein. 8. Learned counsel for the petitioner confined argument and would urge to direct the respondents to process and pay the 80% of gratuity to the petitioner in terms of G.O.Rt.No.1097, dated 22.06.2000. 9. Given the facts and circumstances of the case, since the petitioner is entitled to 80% of gratuity, the Writ Petition is disposed of at the admission stage, directing respondents 2 and 3 to process the application of the petitioner and pay 80% of gratuity in terms of G.O.Rt.No.1097 Finance and Planning (FE.Pen.I) Dept., dated 22.06.2000. The entire exercise shall be completed within six (6) weeks from the date of receipt of the copy of this order. There shall be no order as to costs As a sequel, miscellaneous petitions pending, if any, shall stand closed. _______________________ JUSTICE D.RAMESH Date:06.05.2026 GK 6 7 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION NO: 13181 of 2026 Dated:06.05.2026 GK