APHC010352702026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY, THE 21st DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 19302/2026 Between: 1. DODDIGARLA MUNESWARA RAO, S/O. LATE GANGA RAJU, AGED ABOUT 65 YEARS, RETIRED ASSISTANT GRADE-11 AND IN-CHARGE, MLS POINT, JANGAREDDIGUDEM, WEST GODAVARI DISTRICT., PRESENTLY RESIDING AT D.NO. 13- 123, REDDAMMA STREET, VIDYANAGAR, ELURU, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY DEPARTMENT OF CIVIL SUPPLIES, SECRETARIAT, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH.522237 2. THE COMMISSIONER, CIVIL SUPPLIES DEPARTMENT, VIJAYAWADA, ANDHRA PRADESH.520007 3. THE DIRECTOR OF TREASURIES AND ACCOUNTS, GOVT, OF ANDHRA PRADESH, VIJAYAWADA, ANDHRA PRADESH.522503 4. THE DISTRICT TREASURY OFFICER, OFFICE OF DISTRICT TREASURY, ELURU DISTRICT, ANDHRA PRADESH. 534007 ...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 .appropriate Writ, Order or 2 Direction, more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding and not releasing the Petitioner's gratuity, leave encashment, commutation value, pensionary benefits and other retiral dues after retirement as illegal, arbitrary, unconstitutional and violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the Respondents to forthwith release all retiral benefits due to the Petitioner together with all consequential benefits, interest and 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 forthwith release and pay the Petitioner's gratuity, leave encashment, commutation value and such portion of the retiral benefits as this Hon'ble Court may deem fit and proper, pending disposal of the Writ Petition, to enable the Petitioner to undergo the urgently advised Coronary Artery By pass Counsel for the Petitioner: 1. YAMANI PHANIDHAR Counsel for the Respondent(S): 1. GP FOR SERVICES I 2. GP FOR SERVICES II The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.19302 of 2026 ORDER: 1. The present Writ Petition is filed questioning the action of Respondents in not releasing the Petitioner’s gratuity, earned leave encashment, commutation value and other pensionary benefits, as illegal and arbitrary. 2. The Petitioner had joined in the Andhra Pradesh State Civil Supplies Corporation Limited on 11.09.1989 as Assistant (Grade - III) and after rendering his service for about 31 years, retired from his service on 31.01.2020 upon attaining the age of superannuation. While the Petitioner was in his service, the officials of the Anti Corruption Bureau registered a crime against the Petitioner vide Crime No.03/RCA-EWG/2018, dated 29.05.2018 with regard to disproportionate assets. 3. After filing of charge-sheet, the said crime was numbered as C.C.No.06 of 2024 on the file of Special Court for trial of SPE and ACB Cases, Rajamahendravaram. Subsequently, a charge memorandum was also issued to the Petitioner on 28.10.2025. The grievance of the Petitioner now is that, although, he retired from his service on 31.01.2020, the retirement benefits i.e., gratuity, earned leave 4 encashment, commutation value, and other pensionary benefits were not being released. Hence, the Writ Petition came to be filed. 4. Learned Assistant Government Pleader for Services – II submitted that there is a bar for payment prescribed under Rule No.52 of the Andhra Pradesh Revised Pension Rules 1980 and relied upon the Judgment of the Division Bench of this Court in W.A.No.196 of 2022, dated 16.02.2022. 5. Heard the counsels. 6. The Division bench of this Court in W.A.No.196 of 2022 vide its orders, dated 16.02.2022 examined the entitlement of gratuity of a person facing criminal case and denied the relief. However, the relief for leave encashment was sustained. Paragraph Nos.11, 12 and 13 are extracted below:- 11. Learned counsel for the writ petitioner submits that the petitioner is entitled for leave encashment. To this extent, learned State counsel would not object to the prayer because, according to him, the judgment rendered by the Division Bench in W.P. No.30443 of 2016 deals with encashment of leave and moreover, clause(c) of sub-rule(1) of Rule 52 of the Rules, 1980 deals with gratuity and not with leave encashment. 12. For the foregoing discussion, the said part of the impugned order passed by the learned single Judge allowing payment of 80% of the retirement gratuity to the writ petitioner is set aside. However, we observe that the writ petitioner is entitled to leave encashment. 13. Accordingly, the writ appeal is allowed in part, modifying the order of the learned single Judge to the above extent. No costs. Pending miscellaneous applications, if any, shall stand closed. 5 7. In view of the above, the claim of the Petitioner for gratuity is rejected and this Writ Petition is disposed of, with the following directions:- (i) The Respondent-Authorities are directed to release the leave encashment amount to the Petitioner, within a period of six (06) weeks from the date of receipt of a copy of this order. 8. No order as to costs. 9. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY Date: 21.07.2026 chs Whether the order is: Speaking ✔ Reasoned Reportable Non-reportable ✔ 6 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 56 WRIT PETITION No.19302 of 2026 Dated: 21.07.2026 chs