Disposed

B. Savarappa, v. The State of Andhra Pradesh

Andhra Pradesh HC24 Jul 2024WP/15894/2024

Case brief

AI extract

What is this about?

Retired APEWIDC Senior Assistant sought release of withheld gratuity and leave encashment despite no pending departmental proceedings. Respondents attributed delay to paucity of funds. The High Court disposed of the writ petition directing respondents to clear all claimed amounts within eight weeks and pay interest on delayed payments as per settled law.

What did the court decide?

Respondents directed to clear all claimed retirement benefits within eight weeks by following rules and to pay interest for delayed payment as per settled law; no costs.

B. Savarappa, Vs The State of Andhra… — Pension and Retirement Benefits | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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(Special Original Jurisdiction)

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THURSDAY, THE TWENTY FIFTH DAY OF JULY » TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 15894 OF 2024 ^

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Between:

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B. Savarappa, S/o late Hussenppa, aged 62 years, Retired^as Senior Assistant, APEWIDC Corporate OfficeVaddeswaram, r/o Road No. 25, Sundraiah Nagar, Near Manipal Hospital, Tadepalli Guntur^District

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...PETITIONER

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AND

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The state of Andhra Pradesh, rep by its Special Chief Secretary, School

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Education Department, A.P. Secretariat, Velagapudi, Guntur District.

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1. A.P. Education and Welfare Infrastructure Development Corporation, rep by its Managing Director, 9-76, Block A, Sai Fortune Heights,

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Vaddeswaram, Guntur District- Pin- 522502.

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...RESPONDENTS

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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 to issue a Writ Order or Direction more particularly pne in the nature of Writ of Mandamus and declare the action of the respondents in not releasing the Retirement benefits i.e.(1). Retirement Gratuity of Rs. 14,02,302/-, (2). Encashment of Earned Leave bill for 285 days Rs.9,56,40.3 + Encashment of HPL for 15 days Rs. 21,247/-^which total comes to Rs. 23,79,952/-, withholding the. same without any reasons, as illegal, arbitrary and violation of Article 300A of Constitution of India, consequently, direct the respondents to pay Retirement Gratuity, Eared Leave Encashment, along with 9percent interest on the delyed Retirement benefits in terms of well settled law of the Hon'ble Apex Court of India

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reported in (2022) 4 SCC 627, and W.A.No. 383 of 2022,^{dated12-7-2022,} W.P.No. 13438 of 2024, dated 1-7-2024, immediately to the petitioner.

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lA NO: 1 OF 2024

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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 to direct the respondents to release the retirement^{benefitsofthe} petitioner, pending with them to a tune of Rs. 23,79,952/-^alongwith 9% interest immediately, pending disposal of the above writ petition.

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Counsel for the Petitioner: SRI RAMALINGESWARA RAO KOCHARLA KOTA

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Counsel for the Respondent No.1: GP FOR SCHOOL EDUCATION Counsel for the Respondent No.2: SRI V. CH. NAIDU,^SCFORAPEWIDC The Court made the following: ORDER

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IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI

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THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION No.15894 OF 2024

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B.Savarappa, S/o late Hussenappa, Aged ^2 years, Retired as Senior Assistant, APEWIDC, Corporate Office, Vaddeswaram, R/o Road No.25, Sundariah Nagar, Near Manipal Hospital, Tadepalli, Guntur District.

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... Petitioner

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Versus

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The State of Andhra Pradesh, rep. by its Special Chief Secretary, School Education Department, A.P.Secretariat, Velagapudi, Guntur District and another.

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... Respondents

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Counsel for the petitioner: Sri Ramalingeswara Rao^KocherlaKota

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Counsel for respondents : AGP for School Education^andSri V.Ch.Naidu, SC for R-2.

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:: ORDER ::

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The writ petition is filed seeking the following relief:

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“...to issue a Writ, Order or Direction more particularly^one in the nature of Writ of Mandamus and declare the action of the respondents in not releasing the retirement benefits i.e. (1) Retirement Gratuity of Rs.14,02,302/(2) Encashment of Earned Leave bill for 285 days Rs.9,56,403 + Encashment of^HPLfor15 days Rs.21,247/- which total comes to Rs.23,79,952/-, withholding

SRS, J wp_15894_2024

the same without any reasons, as illegal, arbitrary^{andviolationof} Article 300A of Constitution of India, consequently direct the respondents to pay retirement Gratuity, Earned Leave Encashment, along with 9% interest on the delayed retirement benefits in terms of well settled law of the Hon’ble Apex Court of India reported in (2022) 4 see 627, and W.A.No.383 of 2022, dated 12.07 2022 W.P.No. 13438 of 2024 dated 01.07.2024, immediately to the petitioner and to pass such other order...”

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Heard Sri Ramalingeswara Rao Kocherla Kota, learned counsel for the petitioner, Sri L.Radhakrishna, learned Assistant Government Pleader for School Education appearing on behalf of respondent No.1 and Sri V.Ch.Naidu, learned standing counsel appearing on behalf of respondent No.2.

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Learned counsel for the petitioner would submit that the petitioner was retired from service from the Corporate office APEWIDC, Vaddesvyaram, Guntur District, on attaining the age of superannuation on 30.06.2023. He would submit that even though no departmental -proceedings. "are pending. retirement benefits, i.e. Gratuity and encashment of Earned Leave are not released to the petitioner.

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Learned counsels appearing for the respondents would fairly submit that no departmental proceedings are pending against the petitioner. They would submit that due to paucity of funds, the amount

SRS, J wp_15894 2024

was not released to the petitioner. They wpuld submit that the amount will pay to the petitioner as expeditiously as possible.

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Qiven the facts and circumstances of the case, the Writ Petition is disposed of at the stage of admission with the consent of both the learned counsel, with the following directions;

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i) Respondents shall clear all the amounts as claimed by the petitioner in the writ petition within eight (8) weeks by following Rules from the date of receipt of the copy of the order; and

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ii) Respondents shall also pay interest to the petitioner for the delayed payments as per settled law.

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iii) No order as to costs.

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Miscellaneous petitions pending, if any. shall stand closed.

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//TRUE COPY//

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Sd/- K.J.RAJA BABU ASSISTANTREGISTRAR

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To,