APHC010297252026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY,THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 15720/2026 Between: 1. K VARA SAI PRASAD, S/O LATE K. RANGIAH, AGED ABOUT 80 YEARS, OCC RETIRED PRINCIPAL, SRI SAI BABA NATIONAL DEGREE COLLEGE, ANANTHAPURAMU, RIO MIG 363,28/479, HOUSING BOARD COLONY, ANANTHAPURAMU, ANANTHAPURAMU DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, . REP BY ITS PRINCIPAL SECRETARY HGHER EDUCATION DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI,GUNTUR DISTRICT. PIN 522503 2. THE COMMISSIOENR AND DIRECTOR OF COLLEGAITE EDUCATION, MANGALAGIRI, GUNTUR DISTRICT. PIN522503 3. THE REGIONAL JOINT DIRECTOR OF COLLEGIATE EDUCATION, YSR KADAPA, YSR KADPA DISTRICT.PIN 516001. 4. THE ACCOUNTANT GENERAL A AND E M G ROAD, GOVERNOR PETA, VIJAYAWADA, KRISHNA DISTRICT,PIN 520002 2 5. THE CORRESPONDENT, SRI SAI BABA NATIONAL DEGREE COLLEGE, ANANTHAPURAMU, ANATHAPURAMU DISTRICT. PIN 515001 ...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 a Writ or order more particularly one in the nature of Writ Mandamus declaring the action of the respondents 1 and 2 in not dispsoing of the representaion of the petitioner dated 20-4-2026 as iilgeal, arbitrary, descrimanatory, and violation of Articles 14,19 and 21 of the Constitution of India and consequently direct the respondents to implement the orders passed in W.P.No. 34555/2013, dated 5-2-2024 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 the reasons stated in the accompanying affidavit, It is therefore prayed that, this Hon'ble Court may be pleased to direct respondents 1 and 2 to dispose of the representation of the petitioner, dated 20-4- 2026 pending disposal of the main W.P. and pass Counsel for the Petitioner: 1. B S VENKATA RAMESH Counsel for the Respondent(S): 1. GP FOR SERVICES III The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY Writ Petition No:15720 of 2026 O R D E R: 1. The present Writ Petition is filed aggrieved by the non- compliance of the orders passed in W.P.No.34555 of 2013, dated 05.02.2024 and due to non-consideration of the representation given by the Petitioner. 2. The Petitioner had retired from the service on 30.06.2002. As the Respondents are not considering the revised pension proposals of the Petitioner by permitting him to draw his eligible full pension as fixed by counting the period of service rendered by him from 02.12.1972 to 30.06.2002, the Petitioner had filed W.P.No.34555 of 2013 before this Court and this Court allowed the same, stating that the Petitioner is entitled to draw his full eligible pension as already fixed by counting the period of service of him from 02.12.1972 to 30.06.2002. The relevant portion of the order reads as under:- 16. As seen from the rule 14(2) Note (2) has been added by G.O.(P).No.242, F.&P.(FW-Pen-I) Dept., Dt.3.11.1998. It has to be considered to be prospectively applicable. The petitioner rendered service initially in an Aided Post and thereafter in an Un-Aided Post in the institution which also manages the School where the petitioner initially worked. The college where the petitioner worked in Un-Aided post was granted Aided Status on 16.04.1990. The petitioner continued till the date of attaining the age of superannuation. Note (2) cannot be made applicable to the case of the petitioner and as such the impugned proceedings deserves to be set aside and the petitioner is entitled for drawing his full eligible pension as was already fixed by counting the period of service of the petitioner from 02.12.1972 to 30.06.2002. 4 17. In the result, the writ petition is allowed, without costs by directing the respondents to refund the wrongfully recovered amount of Rs.6,56,053/- within a period of four weeks from the date of receipt of the order. Failing which the respondents shall be liable to pay interest at 6% per annum from the date of last recovery on the total amount recovered. 3. Though, the Respondents have paid the amount as directed in the Writ Petition referred above, the pension was not re-fixed in terms of the orders passed by this Court. Thereafter, the Petitioner gave a representation to that effect, and as the representation given by the Petitioner is not being considered, the present Writ Petition is filed. 4. Learned Government Pleader for Higher Education as well as learned Standing Counsel appearing for Respondent No.4 submitted that the representation given by the Petitioner would be examined and a decision would be communicated to the Petitioner. 5. Considering the submissions, the Writ Petition is disposed of, with the following directions:- (i) The Respondent-Authorities are directed to consider the representation given by the Petitioner and to re-fix the pension of the Petitioner, within a period of eight (08) weeks from the date of receipt of a copy of this order. (ii) There shall be no order as to costs. 5 As a sequel, the miscellaneous petitions, if any, pending in this Petition shall stand closed. _______________________ JUSTICE NYAPATHY VIJAY Date: 19.06.2026 chs 6 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 107 W.P.No.15720 of 2026 Dated: 19.06.2026 chs