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2026 DAILYLAW 5398 (AP)

Ghouse Mohiddin v. The State of Andhra Pradesh,

WP/18820/2026 · 2026-07-12

Nyapathy Vijay

body2026

Judgment text

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Date of reserved for orders : Date of pronouncement : Date of uploading APHC010350332026 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY, THE 13 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 18820 of Between: 1. GHOUSE MOHIDDIN, S/O. SHAMSFIUDDIN, AGED ABOUT 83 YEARS, FORMER SUB KRISHNA DISTRICT, ANDHRA PRADESH. R/O. HO 1/16, 401 APPLE ARCH APARTMENT, FAROOQ NAGAR, VIJAYAIWADA - 520007 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, AMARAVATI, GUNTUR DISTRICT, ANDHRA 2. THE DIRECTOR, TREASURIES AND ACCOTINTS DEPARTMENT, 1ST FLOOR, NIDHI BHAVAN, BESIDE APIIC BUILDING, IT PARK, MANGALAGIRI - 522503. 3. THE DISTRICT TREASURIES AND ACCOUNTS OFFICER, NTR DISTRICT.-520002 4. THE DISTRICT TREASURIES DISTRICT, MACHILIPATNAM. 5. THE PAY AND ACCOUNTS OFFICER, MANGALAGIRI, ANDHRA PRADESH.-522503 1 Date of reserved for orders : Nil Date of pronouncement : 13.07.2026 : 17.07.2026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE 13th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 18820 of 2026 GHOUSE MOHIDDIN, S/O. SHAMSFIUDDIN, AGED ABOUT 83 YEARS, FORMER SUB-TREASURY OFFICER, VISSANNAPET, KRISHNA DISTRICT, ANDHRA PRADESH. R/O. HOUSE NO.74 1/16, 401 APPLE ARCH APARTMENT, FAROOQ NAGAR, 520007 ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH. THE DIRECTOR, TREASURIES AND ACCOTINTS DEPARTMENT, 1ST FLOOR, NIDHI BHAVAN, BESIDE APIIC BUILDING, IT PARK, 522503. THE DISTRICT TREASURIES AND ACCOUNTS OFFICER, NTR THE DISTRICT TREASURIES AND ACCOUNTS OFFICER, KRISHNA DISTRICT, MACHILIPATNAM.- 521002 THE PAY AND ACCOUNTS OFFICER, MANGALAGIRI, ANDHRA 522503 IN THE HIGH COURT OF ANDHRA PRADESH [3460] THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY GHOUSE MOHIDDIN, S/O. SHAMSFIUDDIN, AGED ABOUT 83 TREASURY OFFICER, VISSANNAPET, USE NO.74-31- 1/16, 401 APPLE ARCH APARTMENT, FAROOQ NAGAR, ...PETITIONER THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, PRADESH.-522238 THE DIRECTOR, TREASURIES AND ACCOTINTS DEPARTMENT, 1ST FLOOR, NIDHI BHAVAN, BESIDE APIIC BUILDING, IT PARK, THE DISTRICT TREASURIES AND ACCOUNTS OFFICER, NTR AND ACCOUNTS OFFICER, KRISHNA THE PAY AND ACCOUNTS OFFICER, MANGALAGIRI, ANDHRA 2 ...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 to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not considering the representation dated 17.04.2026 is illegal, arbitrary and in isolation of principles of Natural Justice and in violation of Article 14, 19 and 21 of the Constitution of India and consequently direct the respondents to consider the representation dated 17.04,2026 made by the petitioner within a period of 4 weeks and pass such 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 may be pleased to direct the Respondents to consider the representation dated 17.04.2026 made by the petitioner and to pass speaking orders within a period of four (4) weeks and pass such Counsel for the Petitioner: 1. RAVITEJA PADIRI Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 18820 of 2026 ORDER:- Aggrieved by the inaction of the Respondents in considering the terminal benefits in view of judgment passed by coordinate bench of this Court in Criminal Appeal No. 1325 of 2006, dated 16.03.2026, the present Writ Petition came to be filed. 2. While the Petitioner was working as Sub Treasury Officer, Vissannapeta, Krishna District, a case was registered against the Petitioner under Section 7 and 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988 on the complaint of Mr. P.V.Subba Rao, Senior Assistant, Government Junior College, Vissannapeta alleging for passing of GPF temporary advance bill. Thereafter, Charge Sheet was filed, vide C.C.No.5 of 2002 on the file of Special Judge for SPE & ACB Cases, Vijayawada. The said Criminal Case was ended in conviction, vide judgment, dated 15.09.2006. Aggrieved by the same, the Petitioner has preferred Criminal Appeal No.1325 of 2006 and the coordinate bench of this Court acquitted the Petitioner, vide Judgment, dated 16.03.2026 by setting aside the judgment passed by the Trial Court dated 15.09.2006. 3. During pendency of the Criminal Case, the Petitioner had retired from service on attaining the age of superannuation. However, the retirement benefits were not paid on the ground of pendency of Criminal Case at relevant point of time. In view of the acquittal, vide judgment dated 16.03.2026, the 4 Petitioner had submitted a representation dated 17.04.2026 requesting to release the full pension and arrears, DCRG, Commutation of pension, leave encashment, notional increments and pay fixation, revised pensionary benefits with all consequential benefits. As the said representation was not considered, the present Writ Petition came to be filed. 4. Learned Assistant Government Pleader for Services-I for the Respondents would submit that the Respondents would examine the representation of the Petitioner and appropriate orders will be passed as expeditiously as possible by taking note of the judgment passed in Criminal Appeal No. 1325 of 2006, dated 16.03.2026. 5. Considering the submissions made by learned Assistant Government Pleader for Services-I for the Respondents and taking note of the age of the Petitioner, this Writ Petition is disposed of, directing the Respondents to consider the representation of the Petitioner dated 17.04.2026 by taking note of the judgment passed in Criminal Appeal No. 1325 of 2006, dated 16.03.2026 and disburse the retirement benefits due to the Petitioner, within a period of two (02) months from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 13.07.2026 KK 5 Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No