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2026 DAILYLAW 5368 (AP)

SABBAVARAPU SRINIVAS v. THE STATE OF ANDHRA PRADESH

WP/17798/2026 · 2026-07-08

Nyapathy Vijay

body2026

Judgment text

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Date of reserved for orders : --- Date of pronouncement : 09.07.2026 Date of uploading : APHC010336482026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY, THE 9th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 17798/2026 Between: 1. SABBAVARAPU SRINIVAS, S/O. APPALA NAIDU, AGED ABOUT 62 YEARS, OCC. CHIEF ENGINEER (FAC), TW ENG. DEPT., VIJAYAWADA, KRISHNA DISTRICT, R/O. 2ND FLOOR, NSSK ENCLAVE, VISALAKSHMINAGAR, VISAKHAPATNAM. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, TRIBAL WELFARE ENGINEERING DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE CHIEF ENGINEER, TRIBAL WELFARE DEPARTMENT, REVENUE COLONY, LABBIPETA, VIJAYAWADA, KRISHNA DISTRICT. 3. THE ACCOUNTANT GENERAL A AND E, STALIN CENTRAL, 8TH FLOOR, M.G. ROAD, GOVERNOR PET, VIJAYAWADA, ANDHRA PRADESH - 520002 ...RESPONDENT(S): 2 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 appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the Respondents in not granting the 80percent of Retirement Gratuity and also encashment of Earned Leave to the Petitioner in accordance with G.O.Rt.NO.1097, Finance (FW Pen-1) Department, dated 22.06.2000, as illegal, arbitrary, discriminatory and violative of Articles 14, 16 and 21 of the Constitution of India and consequently. direct the Respondents to grant and release the 80percent of Retirement Gratuity and also Encashment of Earned Leave to the Petitioner, forthwith, in accordance with G.O.Rt.NO.1097, Finance (FW Pen-1) Department, dated 22.06.2000 and as per the law down by this Hon'ble Court in WP.No. 10246 of 2025, dated 24.04.2025, with all consequential service and monetary benefits and 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 leased to direct the Respondents to consider the case of the Petitioner for grant of the 80% of Retirement Gratuity and also Encashment of Earned Leave, forthwith, in accordance with G.O.Rt.NO.1097, Finance (FW: Pen-1) Department, dated: 22.06.2000 and as per the ratio of the Orders of this Hon’ble Court in WP.No.10246 of 2025, dated: 24.04.2025, the representations of the Petitioner and to considering pass Counsel for the Petitioner: 1. POODATTU AMARENDER Counsel for the Respondent(S): 1. POODATTU AMARENDER Counsel for the Respondent(S): 1. GP FOR SERVICES II The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.17798 of 2026 ORDER: 1. The present Writ Petition is filed questioning the action of Respondents in not granting 80% of retirement gratuity and earned leave encashment amount to the Petitioner in accordance with G.O.Rt.No.1097, Finance (FW:Pen-1) Department, dated 22.06.2000, as illegal and arbitrary. 2. The Petitioner was initially appointed as Assistant Engineer on 30.08.1984 and was subsequently promoted as Superintending Engineer vide G.O.Rt.No.151, Department of Tribal Welfare, dated 17.10.2024. Later, the Petitioner was appointed as Chief Engineer (FAC) and worked in the said post until his retirement on 31.08.2025. At the time of his retirement, the Petitioner filed W.P.No.19154 of 2024 seeking for conclusion of disciplinary enquiries initiated against him with the specified time and in accordance with G.O.Ms.No.91, General Administration (Ser- I) Department, dated 12.09.2022 and this Court disposed of the same, directing the disciplinary authority to pass appropriate orders within three (03) months in terms of G.O.Ms.No.679 General Administration (Services-C) Department, dated 01.11.2008 and in G.O.Ms.No.91 General Administration (Ser.C) Department, dated 12.09.2022. 4 3. The grievance of the Petitioner is that, since disciplinary proceedings initiated against him were pending, his retirement gratuity and encashment of earned leave were withheld. Aggrieved by the said action, the Petitioner filed the present Writ Petition seeking a direction for release of the retirement benefits in accordance with G.O.Rt.No.1097, Finance and Planning (FW-PEN.I) Department, dated 22.06.2000. 4. Learned Assistant Government Pleader for Services – II submitted that the case of the Petitioner would be considered in terms of G.O.Rt.No.1097, Finance and Planning (FW-PEN.I) Department, dated 22.06.2000 and an appropriate decision would be communicated to the Petitioner at the earliest. 5. Heard the counsels. 6. Considering the submissions, the Writ Petition is disposed of, with the following directions:- (i) The Respondent-Authorities are directed to release the retirement gratuity and earned leave encashment amount to the Petitioner, as provided in G.O.Rt.No.1097, Finance and Planning (FW-PEN.I) Department, dated 22.06.2000, as expeditiously as possible, preferably within a period of two months from the date of receipt of a copy of this order. 5 (ii). No order as to costs. As a sequel, miscellaneous petitions, pending if any, shall standclosed. ________________________ JUSTICE NYAPATHY VIJAY Date: 09.07.2026 chs Whether the order is: Speaking ✔ Reasoned Reportable Non-reportable ✔ 6 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 115 WRIT PETITION No.17798 of 2026 Dated:09.07.2026 chs