Allowed

C Ankaiah v. the State of Ap

Andhra Pradesh HC15 Feb 2023WP/1558/2023

Case brief

AI extract

What is this about?

The court allowed the writ petition filed under Article 226 of the Constitution. The petition sought a writ of mandamus directing respondents to pay delayed retirement benefits including pension and gratuity with 9% interest violation of Article 300A, following a prior Division Bench judgment.

What did the court decide?

Directing respondents to pay delayed retirement benefits with 9% interest from date of retirement until actual payment.

C Ankaiah Vs the State of Ap — Pension and Retirement Benefits | Andhra Pradesh HC (2023)

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HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO.1558 of 2023

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ORDER:

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The present writ petition is filed under Article 226 of the Constitution of India for the following relief:

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“...to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declare the action of the respondents in depriving the use of legitimate Retirement Benefits of the petitioner, by causing delay in payments, as illegal, arbitrary and violation of Article 300A of the Constitution of India, consequently, direct the respondents to pay compensation by way of interest @ 9% p.a. on the delayed Retirement Benefits, i.e., Full Pension, Gratuity, Encashment of Earned Leave, and Commutation of Pension, from the date of retirement to till the date of actual payments made to the petitioner, in terms of the orders passed in W.A.No.383 of 2022, dated 12.07.2022, and Settled Law of the Hon’ble Apex Court reported in (2020) 16 SCC 318, and pass such other order or orders may deem fit and proper in the circumstances of the case.” (in verbatim)

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Heard learned counsel for the petitioner, learned Government Pleader for Services-I appearing for the respondents.

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When the matter is taken up for hearing, learned counsel for the petitioner would submit that the issue involved in this Writ Petition is squarely covered by the Judgment dated 12.07.2022 passed by the Division Bench of this Court in Writ Appeal No.383 of 2022 and requested to pass a similar order in this writ petition

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also. The same is not disputed by learned Government Pleader for Services-I appearing for the respondents.

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In view of the same, for the reasons alike in the aforesaid judgment, this Writ Petition is allowed directing the respondents to pay the retirement monetary benefits to be payable and along with interest @ 9% p.a. on the delayed retirement benefits i.e., Full Pension, Gratuity, Encashment of Earned Leave, and Commutation of Pension, from the date of retirement to till the date of actual payments made to the petitioner, in terms of the judgment dated 12.07.2022 passed by the Division Bench of this Court in Writ Appeal No.383 of 2022. There shall be no order as to costs.

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Registry is directed to attach a copy of the judgment dated 12.07.2022 passed by the Division Bench of this Court in Writ Appeal No.383 of 2022 to this order.

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Consequently, Miscellaneous Petitions, if any, pending in the

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writ petition shall stand closed.

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_____________________________________ VENKATESWARLU NIMMAGADDA, J

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15^th February, 2023 cbn

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HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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Writ Petition No.1558 of 2023

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15^th February, 2023

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cbn

C Ankaiah v. the State of Ap

Case brief

What is this about?

What did the court decide?

C Ankaiah v. the State of Ap

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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