K Sreedhar Vs the State of Ap — Writ and Judicial Review | Andhra Pradesh HC (2025)

K Sreedhar Vs the State of Ap — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

No substantive relief; the Writ Petition was disposed of with no costs after counsel's submissions, and pending applications were closed.

Issue for consideration

Whether the action of respondent Nos. 4 and 5 in not releasing the petitioner's pension and other retirement benefits since 2017 was illegal, irrational and arbitrary, warranting a Writ of Mandamus directing release of pension with effect from 01.11.2017 together with gratuity and other entitled benefits. +1 more

Court's answer

In view of the submissions of counsel (including that the interim order dated 16.07.2019 has been complied with), no further orders are required and the Writ Petition is disposed of, with no costs.

Ratio / Principle

Pending applications, if any, shall stand closed.

Detailed headnote1 paragraphs

Andhra Pradesh High Court (Amaravati), Dr Justice Venkata Jyothirmai Pratapa, disposed of W.P. No. 1155 of 2019 (K Sreedhar v. State of A.P. and others) on 03.03.2025. The retired employee of Dharma Appa Rao College, Nuzvid sought a Writ of Mandamus against respondent Nos. 4 and 5 for not releasing his pension (sought w.e.f. 01.11.2017), gratuity and other retirement benefits since 2017, alleging violation of the Payment of Provident Fund Act, 1968, the Payment of Gratuity Act, 1972 and Articles 14 and 21. A civil court had attached Rs.4,75,000 from his leave salary; counsel for respondent No.4 recited that, by interim orders of this Court dated 16.07.2019, respondent Nos. 4 and 5 were to release the other pensionary benefits except the attached sum. The Assistant Government Pleader for Higher Education stated the interim order stood complied with. Holding that, in view of the submissions, no further orders were required, the Court disposed of the Writ Petition without costs and closed pending applications (including IA No. 1 of 2019 under Section 151 CPC seeking interim release of pension). No precedents were cited and no substantive adjudication was made on the merits.

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

MONDAY, THE THIRD DAY OF MARCH
O I
TWO THOUSAND AND TWENTY FIVE iOOiIt® ^
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PRESENT
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THE HON’BLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA

WRIT PETITION NO: 1155 OF 2019

Between:

K Sreedhar, Koppula Sreedhar, S/o. Anthony, Aged 61 years, Occ; Service (Retired), R/o. D. No. 9-339, Indira Nagar, Vissannapet Town and Mandal, Krishna District.

...PETITIONER

AND

The State of AP, The State of Andhra Pradesh, Rep., by its Principal Secretary, Department of Education, Secretariat, Velagapudi, at Amaravathi, Guntur District.

The Commissioner of Collegiate Education, Government of Andhra Pradesh, Prasadampadu, Vijayawada, Krishna District.

The Regional Joint Director, Collegiate Education Rajamahendravaram, East Godavari District.

The President and Correspondent, Dharma Appa Rao College, Nuzvid, Krishna District.

The Principal, Dharma Appa Rao College, Nuzvid, Krishna District.

...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 an appropriate writ or order, orders or directions more particularly one in the nature of Writ of Mandamus declaring the action of the respondents more particularly respondent Nos. 4 and 5 are not

/

releasing my pension and other retirement benefits^since2017 is illegal, irrational, arbitrary and violation of the provisions^{underthePaymentof} Provident Fund Act, 1968 and Payment of Gratuity Act, 1972 and other service jurisprudence and offends Article 14 and 21 of the Constitution of India and consequently direct the respondents to release my pension with effect from 01 -11 -2017 that apart from gratuity and^{otherbenefitsthatare} I am legally entitled for.

lA NO: 1OF2019

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 authority to release^{thepensionfromthe} date of my superannuation i.e rorr 01.11.2017, pending disposal of the above writ petition.

Counsel for the Petitioner: SRI M KISHORE BABU

Counsel for the Respondent Nos. 1 to 3: GP FOR HIGHER EDUCATION Counsel for the Respondent No.4: SRI SREENIVASA RAO VELIVELA The Court made the following: QRDER

1

APHC010023832019

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

[3396]

(Special Original Jurisdiction)

MONDAY, THE THIRD DAY OF MARCH

TWO THOUSAND AND TWENTY FIVE

PRESENT

the honourable dr justice VENKATA JYOTHIRMAI PRATAPA

WRIT PETITION NO; 1155/2019

Between:

K Sreedhar

...PETITIONER

AND

The State Of Ap and Others

...RESPONDENT(S)

Counsel for the Petitioner;

1.M KISHORE BABU

Counsel for the Respondent{S):

1.RAMA RAGHAVENDRA RAO KOTARU

2.GP FOR EDUCATION (AP)

3.VENKATESWARLU CHAKKILAM

4.SREENIVASA RAO VELIVELA

The Court made the following:

2

THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA

WRIT PETITION NO: 1155/2019

ORDER:

This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:

...to issue an appropriate writ or order orders or directions more particularly one in the nature of Writ of Mandamus declaring the action of the respondents more particularly respondent Nos. 4 and 5 are not releasing my pension and other retirement benefits since 2017 is illegal, Irrational, arbitrary and violation of the provisions under the Payment of Provident Fund Act, 1968 and Payment of Gratuity Act, 1972 and other service jurisprudence and offends Article 14 and 21 of the Constitution of India and consequently direct the respondents to release my pension with effect from 01.11.2017 that apart from gratuity and other benefits that are I am legally entitled for... ”

None represented for the petitioner.

\

Heard the learned counsel for the respondent No.4 and the learned Assistant Government Pleader for Higher Education.

Learned counsel for the respondent No.4 would submit that initially there was Court attachment for an amount of Rs.4,75,000/- (Rupees Four Lakhs Seventy Five Thousand) from the leave salary of the petitioner but the entire amount has been withhold by the authorities. By virtue of the interim orders passed by this Court dated 16.07.2019, since the civil court attachment is only to the extent of Rs.4,75,000/- (Rupees Four Lakhs Seventy Five Thousand) the respondent Nos. 4 and 5 are directed to release the other pensionary benefits except the sum of Rs.4,75,000/- (Rupees Four Lakhs

3

' 9

\

I

Seventy Five Thousand) as ordered by the civil court while attaching the same. Learned counsel would further submit that the authorities may have released this pension withholding only Rs.4,75,000/(Rupees Four Lakhs Seventy Five Thousand) which is by virtue of the order of the civil court.

Learned Assistant Government Pleader for Higher Education representing the respondent Nos. 1 to 3 would submit that the interim order passed by this Court is complied with and the petition may be disposed of.

In view of the submissions referred above no further orders are required in this matter. Accordingly, the Writ Petition is disposed of. No costs,

Pendin g applications, if any, shall stand closed.

To,

//TRUE COPY//

Sd/-G HELA NAIDU ASSISTANT REGISTRAR

SECTION OFFICER

TF

The Principal Secretary, Department of Education, Secretariat

Velagapudi, at Amaravathi, Guntur District D ^^"^^'ss'oner of Collegiate Education, Government of Andhra Pradesh, Prasadampadu, Vijayawada, Krishna District.

The Regional Joint Director Collegiate

Rajamahendravaram, East Godavari District Education,

The President and Correspondent, Dharma' Krishna District. Appa Rao College, Nuzvid,

B Dharma Appa Rao College , Nuzvid, Krishna District 6. One CC to Sri M Kishore Babu Advocate [OPUC]

High Court of Andhra Pradesh.

' Jou-Q^^ Higher Education,

g' One rr r c" Haghavendra Rao Kotaru Advocate [OPUC]

in S SS * Venkateswarlu Chakkilam Advocate [OPUC]

Advocate [OPUC]

1 ?: ?h"rle CD°Copilr"'™-

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HIGH COURT

DATED:03/03/2025

ORDER

WP.No.1155 of 2019

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DISPOSING OF THE W.P., WITHOUT COSTS