Disposed

M Samuel v. the State of Andhra Pradesh

Andhra Pradesh HC24 Jul 2024WP/15909/2024

Case brief

AI extract

What is this about?

Writ petition disposed of at the stage of admission directing respondents to release retirement gratuity and earned leave encashment withheld due to paucity of funds within eight weeks with interest, after respondents conceded no departmental proceedings were pending.

What did the court decide?

Respondents directed to clear claimed retirement benefits within eight weeks and pay interest on delayed payments.

M Samuel Vs the State of Andhra Pradesh — Pension and Retirement Benefits | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV

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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: 15909 OF 2024

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Between:

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M. Samuel, S/o late Raja Rao, aged 62 years. Retired as Executive Engineer, APEWIDC, Vizianagaram district, R/o D.No.26-40-46/c-1 at Agraharam Pump center, Guntur District. ...PETITIONER

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AND

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The State of Andhra Pradesh, rep by its Special Chief Secretary, School Education Department, A.P. Secretariat, Velagapudi,^{GunturDistrict.}

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A.P. Education and Welfare Infrastructure, Development Corporation, rep by its Managing Director, 9-76, Block A, Sai Fortune Heights, Vaddeswaram, Guntur District- Pin- 522502.

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...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 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. 16,00,000/-, (2). Encashment of Earned Leave bill for 300 days Rs. 20,37,540/-, which comes to Rs. 36,37,540/, withholding^{thesamewithout} 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 9 percent interest on the delyed Retirement benefits in terms of well settled law of the Hon’ble Apex Court of

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India imported in (2022) 4 SCC 627, and W.A.No. 383^{of2022,dated12-7-}

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'''2022, W.P.No. 13438 of 2024, dated 1-7-2024, immediately^{tothepetitioner.}

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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 all the^{retirementbenefits,} i.e. Retirement Gratuity and Encashment of Earned Leave^{amountimmediately} pending disposal of the above writ petition.

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Counsel for the Petitioner: SRI RAMALINGESWARA RAO^KOCHARLA

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KOTA

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Counsel for the Respondent N0.I: SRI L. RADHAKRISHNA,^AGPFOR SCHOOL EDUCATION

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

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PRADESH; AWIARAVATI IN THE high court of ANDHRA JUSTICE SUBBA REDDY SATTi the HON’BLE SRI WRIT pFTmON No.15^0S OF 2024

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M.Samuel, Sto DisUict, ro“.So"«:, s—, ™ -»■ District.

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Petitioner

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Versus Special Chief The Stale of Andhra Pradesh, rep^ by itsA.P.Secretariat, Secretary. School Education Department, Vergapudi, Guntur District and another.

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... Respondents

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Rao Kocherla Kota ; Sri Ramalingeswara Counsel for the petitioner School Education and Sri ; AGP for Counsel for respondents ; V.Ch.Naidu, SC for R-2.

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•• ORDERS

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the following relief; The writ petition is filed seeking

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. ,0 issue a Writ, Order or Direcfon more ,he writ of Mandamus and "".^^efits I.e. (D respondents in not f'df"'"3o‘o"oo/ (2) Enoashment of Earned Retirement Gratuky °'RV®;f°^4ci"hchcomestoRs.36,37,640/Leave bilifor300daysR ^20 3A540 w withholding the same

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SRSJ wp_15909_2024

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violation of 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 SCC 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 as Executive Engineer, APEWIDC at Vizianagaram District on attaining the age of superannuation on 30.09.2022. 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

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V -

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3 SRSJ wp_15909_2024

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was not released to the petitioner. They would submit that^{theamountwill} be paid to the petitioner as expeditiously as possible. 5. Given the facts and circumstances of the case, the^WritPetition is disposed of at the stage of admission with the consent^{ofboththelearned} counsel, with the following directions:

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i) Respondents shall clear all the amounts as claimed^bythe petitioner in the writ petition within eight (8) weeks by following Rules from the date of receipt of the copy^ofthe 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/-SHA1K MOHD RAFI ASSISTANT REGISTRAR

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SE N OFFICER

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To,

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The Special Chief Secretary, School Education Department,^Stateof Andhra Pradesh, A.P. Secretariat, Velagapudi, Guntur^District.

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The Managing Director, A.P. Education and Welfare^{Infrastructure,} Development Corporation, 9-76, Block A, Sai Fortune^Heights, Vaddeswaram, Guntur District- Pin- 522502.

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