Disposed¶40

Ayub Khan, v. The State of Andhra Pradesh

Andhra Pradesh HC4 Dec 2025WP/11647/2025

Case brief

AI extract

What is this about?

non-payment of salary; salary arrears; Forest Beat Officer; contract basis; superannuation age 60; interim orders W.P.No.33818 of 2022 dated 18.10.2022; continued in service till April 2025; CFMS portal; bills returned for insufficient funds; writ of mandamus; Article 226; Articles 14, 16 and 21; Section 151 CPC; payment within eight weeks; State of Andhra Pradesh Forest Department; Eluru; disposed with directions; Nyapathy Vijay, J.; Writ Petition No. 11647 of 2025; decision dated 05.12.2025.

What did the court decide?

Writ Petition disposed of with directions to the Respondents to pay the salary due to the Petitioner (April 2024 to April 2025, 13 months) as expeditiously as possible, within eight (8) weeks from the date of receipt of a copy of the order; no order as to costs; miscellaneous petitions, if any, stand closed. ¶40

Ayub Khan, Vs The State of Andhra Pradesh — Writ and Judicial Review | Andhra Pradesh HC (2025)

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APHC010220062025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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[3460]

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FRIDAY, THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

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WRIT PETITION NO: 11647/2025

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Between:

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AYUB KHAN,, S/O JALAL AHMAD KHAN, AGE 61 YEARS, FOREST BEAT OFFICER (MTS), O/O FOREST RANGE OFFICE, TERRITORIAL RANGE, ELURU, ELURU DIST.

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, , REP BY ITS PRNCIPAL SECRETRY. DEPT OF FOREST, SECRETARIAT, SECRETARIAT BUILDING, VELAGAPUDI. AMARAVATHI, GUNTUR DIST.

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THE PRINCIPAL CHIEF CONSERVATOR OF FOREST, ARANYA BHAVAN, GUNTUR, GUNTUR DIST.

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THE STATE OF A P, REP BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, A.P. SECRETARIAT, 1ST FLOOR, 2ND BLOCK, VELAGAPU GUNTUR DIST.

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THE DIST FOREST OFFICER, ELURU DIVISION, ELURU DIST, ELURU.

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THE DEPUTY DIRECTOR, TREASURIES, ELURU DISTRICT, ELURU.

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...RESPONDENT(S):

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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 one in the nature of Writ of Mandamus declaring the action of the respondents not paying salary of the petitioner from April, 2024 to April, 2025 (13 Months) are illegal, arbitrary, contrary to law and violation of Provisions of Article 14,16 and 21 of Constitution of India and further direct the respondent pay the salary of the petitioner from April, 2024 to April, 2025 (13 Months) within week and pass such other order.

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IA NO: 1 OF 2025

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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 may be pleased to direct the respondents to pay the salary of the petitioner from April 2024 to April 2025 (13 months) within week and pass such other order.

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IA NO: 2 OF 2025

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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 may be pleased to permit receive counter copies on record by allowing the leave petition in the above writ petition and pass such other order.

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Counsel for the Petitioner:

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1.T V V KOTESWARA RAO

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Counsel for the Respondent(S):

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1.GP FOR SERVICES I

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The Court made the following:

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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

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WRIT PETITION No.11647 of 2025

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ORDER:

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The present Writ Petition is filed to declare the action of Respondents in not paying salary due to the Petitioner from April, 2024 to April, 2025 (13 months), as illegal and arbitrary.

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The Petitioner was working as Forest Beat Officer on contract basis and was due to retire from service on attaining the age of superannuation of ‘60 years’ i.e. on 30.04.2023. Pursuant to the interim orders passed by this Court in W.P.No.33818 of 2022 dated 18.10.2022, the Petitioner claims to have been continued in service till April, 2025 and had discharged duties in the cadre of Forest Beat Officer. Though the Petitioner was paid salary upto April, 2024, no further salary was being paid to him. Hence, the present Writ Petition is filed.

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In the Counter-Affidavit filed by the Respondents, it is not in dispute that the Petitioner had been retired from service on 30.04.2025 and it is contended in the Counter-Affidavit that on the strength of the interim orders passed in W.P.No.33818 of 2022, dated 18.10.2022 a batch of Writ Petitions were filed by the similarly placed persons and those Writ Petitions were dismissed by this Court.

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Heard Sri T.V.V. Koteswara Rao, learned counsel for the Petitioner and Sri S. Raju, learned Assistant Government Pleader appearing for the Respondents.

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The learned Assistant Government Pleader would submit that the salary bills of the Petitioner have been approved, uploaded in CFMS portal, which were returned due to insufficient funds and the same would be paid to the Petitioner as per the financial priority.

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In that view, the Writ Petition is disposed of with the following directions;

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(i) As there is no dispute regarding the nature of the discharge of duties by the Petitioner till April, 2025, the Respondents are directed to pay salary due to the Petitioner, as expeditiously as possible, within a period of eight (8) weeks from the date of receipt of a copy of this order;

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(ii) No order as to costs.

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