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2026 DAILYLAW 2385 (AP)

G SADA SIVA v. THE STATE OF AP

WP/4759/2026 · 2026-05-06

V Sujatha

body2026

Judgment text

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APHC010084802026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY, THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 4759/2026 Between: 1. G SADA SIVA, A, S/O. LATE GANAPATHI NEELAKANT, AGED ABOUT 63 YEARS, OCC RETIRED MEDICAL OFFICER, R/O.D.NO.3- 95, BANGLOW STREET, KAGUVADA VILLAGE, PATHAPATNAM MANDAL, SRIKAKULAM DISTRICT - 532214. ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, HEALTH AND MEDICAL DEPARTMENT SECRETARIAT BUILDINGS, AP SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH - 522237. 2. THE DIRECTOR OF PUBLIC HEALTH, GOVERNMENT OF ANDHRA PRADESH, GOLLAPUDI, VIJAYAWADA, NTR DISTRICT, ERSTWHILE KRISHNA DISTRICT - 521225. 3. THE DISTRICT MEDICAL AND HEALTH OFFICER, SRIKAKULAM, SRIKAKULAM DISTRICT-532001. 4. THE SUB TREASURY OFFICER, PATHAPATNAM, SRIKAKULAM DISTRICT-532231. ...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 topleased to issue an order, writ or direction more particularly in the 2 VS, J W.P.No.4759 of 2026 nature of Writ of Mandamus Under Article 226 of the Constitution of India declaring the action of the respondents 1 to 3 in not releasing the retirement benefits pertaining to the petitioner by considering the representations dated 31.07.2025 and 22.08.2025 even though there was no pending disciplinary proceeding or criminal cases against the petitioner is illegal, arbitrary and against the Rules under Andhra Pradesh Revised Pension Rules, 1980 and violative of Article 14, 21 and 300-A of Constitution of India and consequently direct the respondents to clear all the retirement benefits of the petitioner as per law 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 pleased to direct the respondents to release the retirement benefits pertaining to the petitioner by considering the representations dated 31.07.2025 and 22.08.2025, pending disposal of above writ petition and pass Counsel for the Petitioner: 1. M K RAJ KUMAR Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 3 VS, J W.P.No.4759 of 2026 ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “…to issue an order, writ or direction more particularly in the nature of Writ of Mandamus Under Article 226 of the Constitution of India declaring the action of the respondents 1 to 3 in not releasing the retirement benefits pertaining to the petitioner by considering the representations dated 31.07.2025 and 22.08.2025 even though there was no pending disciplinary proceeding or criminal cases against the petitioner is illegal, arbitrary and against the Rules under Andhra Pradesh Revised Pension Rules, 1980 and violative of Article 14, 21 and 300-A of Constitution of India and consequently direct the respondents to clear all the retirement benefits of the petitioner as per law and to pass such other order or orders ….” 2. The case of the petitioner is that he was initially appointed as a Civil Assistant Surgeon on contract basis on 21.02.2004 at Baidalapuram. Subsequently, he was appointed on regular basis and transferred to Primary Health Centre, Saravakota, on 23.05.2005, where he worked till the year 2012. Thereafter, he was transferred to Primary Health Centre, Gangawada, in the year 2016 and was finally posted at Baidalapuram. The petitioner retired from service on attaining the age of superannuation on 28.02.2025. It is the further case of the petitioner that, after retirement, he approached respondent Nos.3 and 4 on several occasions seeking release of his retirement benefits. He also submitted a representation to the 4th respondent requesting release of 4 VS, J W.P.No.4759 of 2026 the said benefits. The said representation was acknowledged by the 4th respondent. Thereafter, a communication dated 21.06.2025 was issued informing the petitioner that the Drawing and Disbursing Officer (DDO) has to submit the necessary ink-signed documents through the NSDL website login to the Sub-Treasury Office, Pathapatnam. Subsequently, the petitioner submitted a detailed representations dated 31.07.2025 and 22.08.2025 to the 3rd respondent requesting for release of his retirement benefits. 3. The limited grievance of the petitioner in the present writ petition is that no orders have been passed by the respondents on the aforesaid representations dated 31.07.2025 and 22.08.2025. Aggrieved thereby, the present Writ Petition came to be filed. 4. Heard Sri M.K.Raj Kumar, learned counsel for the petitioner and learned Government Pleader for Services-I appearing for the respondents. 5. Having regard to the submissions made and considering the relief sought by the petitioner in the present writ petition is only to the extent of passing orders on the representations made by the petitioner on 31.07.2025 and 22.08.2025, instead of going into the merits of the case, this Court feels it appropriate to dispose of this Writ Petition, directing the 3rd respondent to consider the representations, for release of retirement benefits and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order, in accordance with law and release the retirement benefits in favour of the petitioner, as per the eligibility. 5 VS, J W.P.No.4759 of 2026 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this writ petition shall stand closed. ___________________ JUSTICE V.SUJATHA Date: 07.05.2026 KGR