APHC010345372026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY, THE 20th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 19668/2026 Between: 1. BATHALA NAGARAJU, S/O. SUBBA NARASIMHULU AGED 60 YEARS, OCC RETIRED JR. LECTURE, GOVERNMENT JR. COLLEGE, RAJAMPET, YSR KADAPA, ANDHRA PRADESH-516 115. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF SCHOOL HIGHER EDUCATION, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT-522 238. 2. THE STATE GOVERNMENT OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF FINANCE PLANNING, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT-522 238. 3. THE COMMISSIONER, BOARD OF INTERMEDIATE EDUCATION, TADEPALLI, GUNTUR DISTRICT, A.P.-522 501. 4. THE REGIONAL JOINT DIRECTOR, INTERMEDIATE EDUCATION, RAILWAY STATION ROAD, YSR KADAPA ANDHRA PRADESH-516 003. 5. THE PRINCIPAL, GOVERNMENT JR. COLLEGE, RAJAMPETA, ANNAMAYYA DISTRICT ANDHRA PRADESH-516 115. 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 topleased to issue an appropriate writ or order or a direction more particularly one in the nature of writ of MANDAMUS declaring the action of the respondents in not releasing the salary arrears an amount of Rs.5,25,000/- from November, 2007 to October, 2012, even several representation made by the petitioner through proper channel, which is illegal, arbitrary, violative of Articles 14 and 21 of the Constitution of India and gross violation of CCA rules framed there under and also violative of principles of natural justice, consequently direct the respondents to release the salary arrears an amount of Rs.5,25,000/- forthwith interest 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 to release the pending salary arrears an amount of Rs.5,25,000/- from November, 2007 to October, 2012 and pass Counsel for the Petitioner: 1. SUBBA RAO JANDHYAM 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.19668 of 2026 ORDER: 1. The present Writ Petition is filed questioning the action of Respondent-Authorities in not releasing the salary arrears for an amount of Rs.5,25,000/- from the month of November, 2007 to October, 2012, as illegal and arbitrary. 2. The Petitioner was initially appointed as a Part-Time Junior Lecturer in EWC in Government Junior College of Rajampeta, Y.S.R Kadapa district on 01.09.2023 on an hourly basis. Subsequently, the Petitioner was extended minimum time scale vide proceedings in Procs.Rc.No.Vov.1-3/780/2002-2, dated 15.03.2003 and the said benefit was in-turn withdrawn by Respondent No.3 vide proceedings in Procs.Rc.No.Voc.1-B-2/116/2006-1(A), dated 14.12.2006. 3. The Petitioner filed W.P.No.30012 of 2023 seeking for grant of minimum time scale in terms of the Judgment in State of Punjab and Others v. Jagjit Singh1 and the same was allowed on 30.10.2025 and Petitioner is said to be getting the benefit. While so, the Respondent No.2 did not allot the budget for payment of salaries from the month of November, 2007 to October, 2012 and on account of the same, the 1 2017(1) SCC 148 4 salaries of the Petitioner for the respective period was not released. It was in that context, the present Writ Petition came to be filed. 4. Learned Assistant Government Pleader on instructions submitted that the Petitioner had retired from his service on 28.02.2026 upon reaching an age of 60 years and on account of administrative issues, salary bills for a total duration of 52 months (from the month of November, 2007 to October, 2012) were not paid. Subsequently, the sub-treasury officer/treasury authorities returned the salary bills citing lack of clearance, specific budget allocation, and authorization from the Commissioner of Intermediate Education, Andhra Pradesh. 5. As regards, the claim of the Petitioner, it is submitted that the proposals have been submitted to the Government for sanction of budget for the said period and upon receipt of the same, further action will be initiated in that regard. 6. Heard the counsels. 7. As there is no dispute to the fact that the Petitioner had worked during the said period i.e., November, 2007 to October, 2012 and as the proposals for payment of salaries for the said period is pending consideration, the Writ Petition is disposed of, with the following directions:- 5 (i) The Respondent Nos.1 and 2 are directed to examine the proposals and to sanction the salary to the Petitioner for the period November, 2007 to December, 2012, within a period of eight 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: 20.07.2026 chs Whether the order is: Speaking ✔ Reasoned Reportable Non-reportable ✔ 6 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 12 WRIT PETITION No.19668 of 2026 Dated: 20.07.2026 chs