APHC010377262023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE 27th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 19855 OF 2023 Between: 1. KOPPISETTY VIJAYA KUMARI, W/o.late K.B.G.Setty, aged 62 years, Hindu, Housewife, R/o.D.No.46-9-50, Ward No.07, Danavaipeta, Rajamahendravaram Municipal Corporation, East Godavari District, A.P ...Petitioner AND 1. The State of Andhra Pradesh, rep. by its Ex-Officio Secretary to Government, Department Of Health, Medical and Family Welfare, VC-1, A.P. Secretariat, Velagapudi, Amaravathi, Guntur A.P. 2. Commissioner Department of Ayush, A.P. Vijayawada, N.T.R District. 3. The Principal, Government Homeo Medical College, Kadapah. A.P. 4. The Correspondent and Principal, Dr., A.R. Govt. Homeo Medical college, Jail Road, Govt. Arts College premises, Rajamahendravaram East Godhavari District AP 533105 ...Respondents 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 tomay be pleased to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus under Article 226 of 2 Constitution of India by declaring (a)the order passed in G.O.M.S No.347 dt 22-9-2008 wherein the punishment of 100 percent cut in pension and withholding of entire gratuity imposed against K.B.G. Setty who retired and died, in view of orders passed by the A.P. Administrative Tribunal in 4226/2009 dt 23-7-2012 and order passed by Honourable Division bench of High Court of composite state at Hyderabad in W.P.No. 15066/2017 and in view of Judgment reported in 2008 (9) SCC 24 of Honourable Supreme Court of India, as illegal, unlawful, in violation of procedure and Rules and Law regarding holding of Departmental enquiries, void and thus to set aside the same in the interest of justice. (b)to declare that the period of suspension during 1994 and 1997 against late Dr K.B.G Setty as period spent on duty for the purpose of all service conditions. c) to declare that Dr. K.B.G Setty ex Professor, of Dr. Allu Ramalingaiah Homeopathic Medical College, Rajahmundry was entitled to pension and gratuity for the entire period of service, rendered by him as such professor and the same is payable to the legal heirs of late K.B.G Setty, and for any other or further relief that the Honourable court may deem it fir and proper under the circumstances of the case Counsel for the Petitioner: Tulasi giri G Counsel for the Respondents: GP FOR SERVICES IV The Court made the following order: 3 THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 19855/2023 ORDER: This writ petition is filed challenging G.O.Ms.No.347, dated 22.09.2008, whereby a provisional decision was taken proposing the imposition of penalty of withholding the entire pension and gratuity permanently, by issuing a show cause notice under 4th reference cited therein. 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader appearing for respondents. 3. Upon perusal of the record, it is evident that, subsequent to the passing of G.O.Ms.No.347, dated 22.09.2008, the 1st respondent passed G.O.Ms.No.11, dated 27.01.2020, passing a final order of punishment, whereby recovery of the loss caused to the Government to the tune of Rs.10,08,309/- was directed from the legal representatives of the deceased, K.B.G. Shetty, under Rule 9(7) of the Andhra Pradesh Revised Pension Rules, 1980. 4. However, the petitioner (wife of the deceased) without challenging the said final order, has questioned only the proposed action of the respondents as reflected in G.O.Ms.No.347, dated 22.09.2008. 4 5. In view of the fact that final proceedings have already been concluded and consequential action has been taken, it is incumbent upon the petitioner to challenge the final order. 6. In view of the above, the writ petition is closed, granting liberty to the petitioner to challenge G.O.Ms.No.11, dated 27.01.2020. As a sequel, miscellaneous applications, pending, if any, shall stand closed. __________________________ JUSTICE BALAJI MEDAMALLI Date: 27.07.2026 Dvs Whether the order is: Speaking ☑ Reasoned Reportable Non-reportable ☑ 5 THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI 139 WRIT PETITION NO: 19855/2023 Dt: 27.07.2026 Dvs