1 APHC010143112026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3207] WEDNESDAY,THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND WRIT PETITION NO: 7697/2026 Between: 1. THE ASSISTANT DIRECTOR OF SERICULTURE,, ONGOLE, PRAKASAM DISTRICT (NOW RE-DESIGNATED AS DISTRICT SERICULTURE OFFICER, ONGOLE, PRAKASAM DISTRICT)- 523001 2. THE DIRECTOR OF HORTICULTURE AND SERICULTURE,, GOVERNMENT OF ANDHRA PRADESH, TTPC BUILDING, 1ST FLOOR, CHUTTUGUNTA CENTRE, GUNTUR-522004 ...PETITIONER(S) AND 1. THE ASSISTANT PROVIDENT FUND COMMISSIONER C LLL AND AUTHORITY U/S 7A OF EPF AND MP ACT, 1952, REGIONAL OFFICE, BHAVISHYA NIDHI BHAVAN, III LANE, KRISHNA NAGAR, GUNTUR, GUNTUR DISTRICT-522006. 2. THE ASSISTANT PROVIDENT FUND COMMISSIONER AND RECOVERY OFFICER, DISTRICT PROVIDENT FUND OFFICE 0PP. OLD ZILLA PARISHAD, RAM NAGAR, 12TH LANE, ONGOLE, PRAKASAM DISTRICT- 523001. 3. THE ADDITIONAL CENTRAL PROVIDENT FUND COMMISSIONER, RTC COMPLEX, VIJAYAWADA, NTR DISTRICT-520013. ...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 2 pleased topleased to issue a Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the impugned proceedings issued by the 1st Respondent, namely the Assistant Provident Fund Commissioner (C-lll) and Authority under Section 7A of the EPF and MP Act, 1952, Regional Office, Guntur vide Proceedings No.AP/RO/GNT/1485311/Compl.Ill/P.ll/7AOrder/2017/5263 dated 31.10.2017 wherein ordering for payment of an amount of Rs.2,21,93,869/- (Rupees Two Crores Twenty-One Lakh Ninety-Three Thousand Eight Hundred and Sixty- Nine only) and the following consequential proceedings/notices towards Provident Fund, Pension Fund contributions and administrative charges in respect of Full-Time Contingent Workers of Ongole District for the period 08/1983 to 05/2016 as illegal, arbitrary, and contrary to Section 16(1 )(b) and (c) of the EPF Act, 1952 and subsequent notices (i) Order No.AP/GR/GNT/DO/Ongole/1485311/ 8F/Orders/2025, dt.03.09.2025 of Asst.Provident Fund Commissioner and Recovery Officer, District P.F.Office, Ongole issued to the Branch Manager, Union Bank of India, Nellore Bus Stand Ongole. (ii) Notice No. AP/G R/G NT/DO/OG L/1485311 /Recovery/831 / SCN/2025, dt.13.11.2025 of Asst.Provident Fund Commissioner and Recovery Officer, District Office, Ongole issued to the Director of Horticulture and Sericulture. Guntur, (iii) Order No.AP/GR/GNT/DO/Ongole/1485311/ 8F/ Recovery/2025/1143, dt. 02/12/2025 of Asst.Provident Fund Commissioner and Recovery Officer, EPFO, District Office, Ongole issued to (1) the Treasury Officer/PAO, Secretariat, Velagapudi, (2) The Treasury Officer/PAO, District Treasury Officer, Guntur, (3) The Treasury Officer, DTO., Ongole as illegal, arbitrary and violative of Article 43 of the Constitution of India and consequently set aside the same 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 stay all further in Proceedings No.AP/RO/GNT/1485311/Compl.Ill/P.II/7A Order/2017/5263 dated 31.10.2017 wherein it has ordered for payment of an amount of Rs.2,21,93,869/- (Rupees Two Crores Twenty-One Lakh Ninety-Three Thousand Eight Hundred and Sixty-Nine only) and the following consequential proceedings/notices towards Provident Fund, Pension Fund contributions and administrative charges in respect of Full-Time Contingent Workers of Ongole District for the period 08/1983 to 05/2016 as illegal, arbitrary, and contrary to Section 16(1)(b) & (c) of the EPF Act, 1952. (i) Order No.AP/GR/GNT/ DO/Ongole/1485311/8F/Orders/2025, dt.03.09.2025 of Asst.Provident Fund 3 Commissioner and Recovery Officer, District P.F.Office, Ongole issued to the Branch Manager, Union Bank of India, Nellore Bus Stand Ongole. (ii) Notice No.AP/GR/GNT/DO/OGL/1485311/Recovery/831/SCN/ 2025, dt.13.11.2025 of Asst.Provident Fund Commissioner and Recovery Officer, District Office, Ongole issued to the Director of Horticulture & Sericulture, Guntur, (iii) Order No.AP/GR/GNT/DO/Ongole/1485311/8F/ Recovery/ 2025/1143 dt. 02/12/2025 of Asst.Provident Fund Commissioner and Recovery Officer, EPFO, District Office, Ongole issued to (1) the Treasury Officer/PAO, Secretrariat, Velagapudi, (2) The Treasury Officer/PAO, District Treasury Officer, Guntur, (3) The Treasury Officer, DTO., Ongole, pending disposal of the writ petition and pass Counsel for the Petitioner(S): 1. THE ADVOCATE GENERAL Counsel for the Respondent(S): 1. T BALAJI(SC FOR EPFO) The Court made the following: 4 THE HON’BLE SRI JUSTICE BATTU DEVANAND WRIT PETITION NO.7697 OF 2026 ORDER: Heard the learned Government Pleader for Agriculture for Petitioners and Mr T.Balaji, learned Standing Counsel for the respondents. Perused the material available on record. 2. This Writ Petition is filed against the order, dated 31.10.2017 issued by the 1st respondent under Section 7(A) of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (for short ‘the Act’) in respect of the 1st petitioner. By the impugned order, the respondents directed the 1st petitioner to pay an amount of Rs.2,21,93,869/- towards payment of compensation and administrative charges for the period from 08/1983 to 05/2016 under the provisions of the Act. 3. The learned counsel for the petitioners has placed a copy of the order passed in W.P.No.30077 of 2021 and W.P.Nos.9889 of 2019 and batch by this Court. On perusal of the same, it appears that the said Writ Petitions are disposed of giving liberty to the petitioner therein to file statutory appeal before the appellate authority against the orders passed by the respondents therein and the appellate authority is directed to consider the same and pass appropriate orders strictly in accordance with law. In the said orders, the petitioner therein is directed to deposit ½ of the amount covered by the order 5 passed by the respondent authorities under Section 7(A) of the Act, as a condition precedent for entertaining such appeal. It is also made clear in the said orders that pending consideration of the said appeal to be filed by the petitioner therein within the time stipulated, the respondents are directed not to take any coercive action against the petitioner and pending consideration of the appeal subject to complying with the above conditions, the impugned order in the said Writ Petition shall remain suspended. Learned counsel for appearing for the petitioners in this Writ Petition requested to pass similar order in this Writ Petition also. 4. Learned Standing Counsel appearing for the respondents also endorsed that this Court passed above orders in the said Writ Petitions. 5. Having considered the submissions made by the respective counsels and upon careful perusal of the material available on record and also the orders passed by this Court in the Writ Petitions referred supra, in our considered view, it is appropriate and reasonable to dispose of the Writ Petition by following the orders passed in the Writ Petitions referred supra to meet the interest of justice. 6. Accordingly, the Writ Petition is disposed of with the following directions:- 1) The petitioners are granted liberty to file statutory appeal against the impugned order passed by the 6 respondents under Section 7(A) of the Act within a period of two (2) weeks from today. 2) The petitioners shall file appeal under Section 7(i) of the Act against the impugned order by depositing half of the amount demanded in the impugned order as a condition precedent to entertain the appeal. 3) If the appeal is filed within the time stipulated herein above by applying condition precedent, the respondents are directed not to take any coercive action against the petitioners. 4) On filing of such an appeal, the appellate authority shall consider the said appeal and pass appropriate orders in accordance with law on merits. 5) Pending consideration of the appeal and subject to compliance of the conditions mentioned herein above, the impugned order shall remain suspended. 7. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this case shall stand closed. __________________________ JUSTICE BATTU DEVANAND Dated: 08.04.2026 TM 7 THE HON’BLE SRI JUSTICE BATTU DEVANAND 8 WRIT PETITION NO: 7697 of 2026 Dated: 08.04.2026 TM .