Dismissed

V.Prakash v. the Chairamn and M.D., Apcpdcl.,Now Apspdcl.,and 2 Others

Andhra Pradesh HC6 Aug 2024WP/41033/2015

Case brief

AI extract

What is this about?

In WP No. 41033 of 2015, the petitioner, a retired employee, sought issuance of a writ of mandamus directing respondents to release his provisional pension from the date of retirement to the date of a conviction order. Recording counsel's submission that the matter had been disposed of via interim orders, the High Court closed the writ petition without further order as to costs.

What did the court decide?

Petition closed without any order as to costs; pending miscellaneous applications stand closed.

V.Prakash Vs the Chairamn and M.D… — Pension and Retirement Benefits | Andhra Pradesh HC (2024)

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

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WEDNESDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR PRESENT

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THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 41033 OF

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Between:

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V.Prakash, S/o. late V. Narayana Swamy, aged 60 years. Retired Divisional Electrical (Electrical). Operation Circle, Kurnool NowAPSPDCL, State ofA.P. ...PETITIONER

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AND

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The A.P. Southern Power Distribution Company Ltd., Rep. by its Chairman and Managing Director, (APCPDCL), APSPDCL, Tirupati Chittoor District. State of Andhra Pradesh.

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The State of Andhra Pradesh rep by its. Principal Secretary, Energy

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Department, A.P. Secretariat, Hyderabad

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The Chairman and Managing Director, Ex APCPDCL, Now TSSPDCL,

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Mint Compound, Hyderabad, State of Telangana

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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 to declare the action of the respondents in not releasing the provisional pension to the petitioner even as on today from the date of retirement i.e. from 31-5-2014 to the date of -. passing conviction order in CC No 33/2014, dated: 30-3-2015 (In the Court of the Special Judge tor Trial for ACB cases in Rayalalseema Region at Kurnool), in accordance with Rule 52 of A P Revised Pension Rules 1980, as illegal arbitrary and in violation of principles of

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<br>

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Natural Justice and consequently direct the respondents to release provisional pension to the petitioner from 31-5-2014 to 30-3-2015 i.e. from the date of retirement to till the date of passing conviction orders, immediately, atleast to servival of his family members.

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I.A. NO: 1 OF 2015fWPMP. NO: 52955 OF 2015)

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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 provisional pension of the petitioner from the date of his retirement to till the date of conviction (i.e. from 31-5-2014 to 30-03-2015) in accordance with the Rule 52 of A.P.Revised Pension Rules 1980, forthwith, pending disposal of the above writ petition. I.A. NO: 1 OF 2016fWVMP. NO: 974 OF 2016) Between:

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The Chairman and Managing Director, Ex. APCPDCL, Now TSSPDCL, Mint Compound, Hyderabad, State of Telangana.

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...PETITIONER/RESPONDENT

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AND

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V.Prakash, S/o. late V. Narayana Swamy, aged 60 years. Retired Divisional Electrical (Electrical), Operation Circle, Kurnool, NowAPSPDCL, State of A.P.

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...RESPONDENT/PETITIONER

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The APSPDCL, Rep. by its Chairman and Managing Director, APCPDCL, Now AP Southern Power Distribution Company Limited, Tirupati, Chittoor District, State of Andhra Pradesh.

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The State of Andhra Pradesh rep by its. Principal Secretary, Energy Department, A.P. Secretariat, Hyderabad.

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...RESPONDENTS/RESPONDENT Nos.1 & 2

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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

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vacate the interim orders dated: 04-01-2016 in WPMP No. 52955 of 2015 in W.P.No.41033 of 2015 and dismiss the writ petition.

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LA. NO: 1 OF 2017(WVMP. NO: 2922 OF 20171 Between:

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The Chairman and Managing Director, APCPDCL, now APSPDCL, Tirupati Chittoor District.

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...PETITIONER/1®‘ RESPONDENT

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AND

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V.Prakash, S/o. late V. Narayana Swamy, aged 60 years, Retired Divisional Electrical (Electrical), Operation Circle, Kurnool, Now APSPDCL, State of A.P.

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...RESPONDENT/WRIT PETITIONER

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The State of Andhra Pradesh rep by its. Principal Secretary, Energy Department, A.P. Secretariat, Hyderabad.

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The Chairman and Managing Director, Ex. APCPDCL, Now TSSPDCL, Mint Compound, Hyderabad, State ofTelangana.

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(2"® and 3'''^ respondents are not necessary parties to this Petition)

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...RESPONDENTS/RESPONDENTS

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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 vacate the interim orders dated 04.01.2016 passed granted in WPMP.No.52955 of 2015 in W.P.No.41033 of 2015.

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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 Nos.1 & 3: SRI V. R. REDDY KOVVURI(SC FOR APSPDCL)

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Counsel for the Respondent No.2: GP FOR ENERGY

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Counsel for the Respondent No.2: SRI R.VINOD REDDY(SC^FOR

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TSTRANSCO)

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Counsel for the Respondent No.2: SRI N. SIVA REDDY(SC^FOR

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APTRANSCO)

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The Court made the following: ORDER

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APHC010047662015

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

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[3333]

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WEDNESDAY ,THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SMT JUSTICE V.SUJATHA

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WRIT PETITION NO: 41033/2015

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Between:

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...PETITIONER V.prakash

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AND

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The Chairamn M D Apcpdcl Now Apspdcl 2 Others and ...RESPONDENT(S) Others

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Counsel for the Petitioner:

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1.RAMALINGESWARA RAO KOCHARLA KOTA

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Counsel for the Respondent(S):

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V R REDDY KOWURl(SC FOR APSPDCL)

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2.R VINOD REDDY(SC FOR TSTRANSCO)

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3.GP FOR ENERGY

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4.N SIVA REDDY(SC FOR APTRANSCO)

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The Court made the following:

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ORDER

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This writ petition is filed under Article 226 of the^Constitution of India

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seeking the following relief;-

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“....fo issue a writ, order or direction more particularly^{oneinthenatureof} Writ of Mandamus to declare the action of the respondents in not releasing the provisional pension to the petitioner even as on^{todayfromthedateof} retirement i.e., from 31.05.2014 to the date of passing^{convictionorderin} C.C.No.33/2014, dated 30.03.2015 (In the Court of the^{SpecialJudgeforTrial} for ACB cases in Rayalalseema Region at Kurnool), in^{accordancewithRule} 52 of A. P. Revised Pension Rules, 1980 as illegal, arbitrary and in violation of principles of Natural Justice and consequently direct^{therespondents} to release provisional pension to the petitioner from^{31.05.2014to30.03.2015} i.e., from the date of retirement to till the date^{ofpassingconvictionorders,} immediately, atleast to survival of his family members... ”

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this Court 2. When the matter came up for admission on 04.01.2016,

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passed the following interim order;

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“ Having regard to the same, there shall be an interim^direction directing the respondents to release the provisional^pension of the petitioner from the date of his retirement to the date^ofconviction i.e., from 31.05.2014 to 30.03.2015 in accordance with the^Rule52ofA. P. Revised Pension Rules, 1980.”

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Learned counsel for the petitioner submitted that in^{pursuanceofthe} interim order granted by this Court on 04.01.2016, the grievance of the petitioner was considered and requested to close the^{matterasnofurther} orders are necessary.

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There 4. Recording the above submission, the Writ Petition is^closed. shall be no order as to costs.

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As a sequel, miscellaneous applications pending, if^any, shall also

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stand closed.

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Sd/- M. SRINIVAS ASSISTANT REGISTRAR

//TRUE COPY//

SECflOt^ OFFICER

To,

Kocharla Kota, Advocate [OPUC]

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Sri Ramalingeswara Rao

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1. One CC to Kovvuri(SC FOR APSPDCL) [OPUC]

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1. One CC to Sri V. R. Reddy

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One CC to Sri V. R. Reddy

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APTRANSCO) Advocate [OPUC]

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One CC to Sri N. Siva Reddy(SC FOR

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One TSTRANSCO) Advocate [OPUC]

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Sri R. Vinod Reddy(SC FOR

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OneCCto 5. Two CC’s to GP for Energy. High^{CourtofA.P.at Amaravati[OUT]}

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Three CD Copies.

ssb

HIGH COURT

DATED:07/08/2024

ORDER

WP.No.41033 of 2015

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Hi
S 21 SEP 202*1 CoI
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CLOSING THE W.P. WITHOUT COSTS

V.Prakash v. the Chairamn and M.D., Apcpdcl.,Now Apspdcl.,and 2 Others

Case brief

What is this about?

What did the court decide?

V.Prakash v. the Chairamn and M.D., Apcpdcl.,Now Apspdcl.,and 2 Others

Case brief

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