Disposed

Shaik Abdul Waheed v. the State of Ap

Andhra Pradesh HC11 Sept 2024WP/15707/2023

Case brief

AI extract

What is this about?

Writ petition by sons seeking release of retirement/death benefits of their father, a retired craft teacher. With consent, petition disposed with liberty to submit requisite documents to the Head Master within four weeks, who shall forward them per GOMS dated 18.11.2022.

What did the court decide?

Liberty to petitioners to submit requisite documents to the Head Master (3rd respondent) within four weeks, who shall process/forward them in terms of GOMS dated 18.11.2022.

Shaik Abdul Waheed Vs the State of Ap — Pension and Retirement Benefits | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATJ(Special Original Jurisdiction)

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THURSDAY, THE TWELFTH DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FOUR - (|g
-7?.
PRESENT
■COi <j /i
*

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THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTT^

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WRIT PETITION NO: 15707 OF 2023

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Between:

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Shaik Abdul Waheed, S/o. Late Shaik NazeerVelugodd,AhmedVillageAaed andahnntManda®

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Shaik Abid Basha, S/o. Late Shaik Nazeer Ahmed, Aged about 37

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years, R/o. H. No. 26-607Z-38-62 Kurnool District V.C. Colony, Nandyal, Town,

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...Petitioners-

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AND

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The Commissioner, Nandyal Municipality, Nandyal, Kurnool District Disfriit®^'’ Municipal High School, Nandyal, Kurnool

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The District Education Officer, Kurnool District at Nandyal

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The District Treasury Officer, Nandyal, Kurnool District. ®' Bee, C/o. Haseena, Nandyal, Kurnool District. R/o. H. No. 116, Faroownagar

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...Respondents _

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Petition under Article 22^'of the Constitution of India praying that in the circumstances stated i in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, order or direction more particularly in the, nature of Writ of Mandamus declaring the action of the respondents 2 to 5 in not disbursing the retirement benefits of my father late Shaik Nazeer Ahmed who retired as Vocational Teacher in KNM Municipal High

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School, Nandyal as illegal , arbitrary, and violative of our right guaranteed under Articles 14,19 and 21 of the Constitution of India and consequently direct the respondents 2 to 5 to release the pensionary benefits forthwith as otherwise the petitioner suffer irreparable loss and injuriy.

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lA NO: 1 OF 2023

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fiied in support of the petition, the High Court may be pleased to direct the respondents 2 to 5 to disburse the retirement benefits of my father late Shaik Nazeer Ahmed who retired as Vocational Teacher in KNM Municipal High School, Nandyal pending disposal of the above writ petition

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Counsel for the Petitioner: SRI A RAVI SHANKAR

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Counsel for the Respondent No.1; GP FOR MUNICIPALITY

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Counsel for the Respondent No.2: SC FOR P C REDDY

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Counsel for the Respondents No.3 and 4: GP FOR EDUCATION

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Counsel for the Respondent No.5: GP FOR FINANCE AND PLANNING

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Counsel for the Respondent No.6: None

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The Court made the following: Order

APHC010306902023

L’-jj-' -

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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[3331]

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THURSDAY, THE TWELVETH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION NO: 15707/2023

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Between:

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Shaik Abdul Waheed and Others ...PETITIONER(S)

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AND

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The State Of AP and Others ...RESPONDENT{S)

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Counsel for the Petitioner(S):

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1.A RAVI SHANKAR

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Counsel for the Respondent(S):

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1.P C REDDY (SC FOR SERVICE MUNICIPALITIES RR, NELLORE) 2.GP FOR SERVICES III 3.GP FOR SERVICES IV 4.GP FOR SERVICES I

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The Court made the following:

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:: ORDER ::

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The above writ petition is filed under Article 226^{oftheConstitution} of India seeking the following relief: •A

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“...pleased to issue an appropriate Writ order or direction more particularly in the nature of Writ of Mandamus declaring^theactionof the respondents 2 to 5 in not disbursing the retirement benefits of my father late Shaik Nazeer Ahmed who retired as Vocational Teacher in KNM Municipal High School Nandyal as illegal arbitrary^andviolative of our right guaranteed under articles 14 19 and 21 of the Constitution of India and consequently direct the respondents 2 to 5 to release the pensionary benefits forthwith as otherwise I suffer irreparable loss and injury...”

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Heard Sri A.Ravi Shankar, learned counsel for the petitioners, Sri R.S.Manidhar Pingali learned Assistant Government Pleader for Services appearing for respondent Nos.1,3, 4 and 5 and Sri P.C.Reddy, learned Standing Counsel appearing for respondents No.2.

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Sri Ravi Shankar, learned counsel for the petitioners would submit that the petitioners are not pressing the claim against the 6‘^ respondent. The same is recorded. The writ petition against the 6^'' respondent is closed.

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The petitioners’ father i.e., Shaik Nazeer Ahmad, retired as a craft teacher, on attaining the age of superannuation on 30.06.2018 from Municipal High School, M.S.Road, Nandyal. In the nomination, Anexure-ll, employee nominated three sons for the death benefits. Petitioners’ father died on 21.07.2022, mother of the petitioners/predeceased father on 30.04.2016. The petitioners made representation by submitting documents and claim death benefits. The Commissioner, Nandyal Municipality vide ROC

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•i

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NO.1118/2022/C2 dated 09.01.2023 directed the petitioners to appear before Divisional Treasury Officer.

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Learned counsel for the petitioners would submit that petitioners attended before the Divisional Sub Treasury Officer, however the amounts were not released. Hence, the writ petition.

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A counter-affidavit was filed on behalf of the 2'"'' respondent, wherein it was stated that head master is the DDO as per GOMS No. 180, School Education (Ser.1) Department, Dated 18.11.2022. The petitioners have not submitted the required documents to the office of the respondent for processing. The proposals have to be forwarded by the Head Master, KNM Municipal High School of Nandyal.

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In reply, learned counsel for the petitioners would submit that the petitioners will approach the 3'"' respondent/Head Master and submit the requisite documents regarding CPS amount and other^claims. 07. Given the facts and circumstances of the case, this writ petition is disposed at the stage of admission with the consent of both the learned counsels’ liberty to the petitioners to approach 3'^'^ respondent and submit all the requisite documents within four weeks. Thereafter, the 3'^'^ respondent shall forward the documents in terms of School

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Education (Ser.1) Department, Dated 18.11.2022. There^{shallbenoorderas} to costs.

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As a sequel, pending miscellaneous petitions, if any,^{shallstandclosed.}

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Sd/- M RAMESH BABU _ DEPUTY REGISTRAR //TRUE COPY// -

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SECTION OFFICER

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To, imaraS^AndT/fprad^^ Administration Department Secretariat, Thf Municipality, Nandyal, Kurnool District Kurnool

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DiSric^ ^ Master, KNM Municipal High School, Nandyal,

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c' Education Officer, Kurnool District at Nandyal S' Officer, Nandyal, Kurnool District. S' SS ° ^ SHANKAR Advocate [OPUC] 7. One CC to SRI P C REDDY, Advocate [OUTl^ Pradesh

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[OUT?^® municipality. High Court of Andhra

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Two CCs to GP FOR FINANCE AND PLANNING High Court of Andhra

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Pradesh [OUT] Pradesh

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^° [OUTfCs education. High Court of Andhra

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Three CD Copies

HIGH COURT

BKB

DATED: 12/09/2024

ORDER WP.No.15707 of 2023

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DISPOSING OF THE WP WITHOUT COSTS

Shaik Abdul Waheed v. the State of Ap

Case brief

What is this about?

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Shaik Abdul Waheed v. the State of Ap

Case brief

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