Vellanki Pavan Kumar Vs State of Andhra… — Writ and Judicial Review | Andhra Pradesh HC (2025)

Vellanki Pavan Kumar Vs State of Andhra… — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

Directions to the Respondent-authorities to release the subsistence allowance for the Petitioner's suspension period in accordance with the Rules within eight weeks from the date of receipt of a copy of the order; no order as to costs; miscellaneous petitions, if any, stand closed.

Issue for consideration

Whether the orders of Respondent No.4 in Rc.Nil/2024, dated 27.12.2024 placing the Petitioner and continuing him under suspension are illegal and arbitrary. +1 more

Ratio / Principle

Considering the submissions made by both sides' counsel, the Writ Petition is disposed of with directions.

Key takeaways

The Respondent-authorities are directed to release the subsistence allowance for the Petitioner's suspension period in accordance with the Rules within eight weeks from the date of receipt of a copy of the order.ratio¶39
No order as to costs.ratio¶41
As a sequel, miscellaneous petitions, pending if any, shall stand closed.ratio

Detailed headnote1 paragraphs

Andhra Pradesh High Court (Amaravati, Special Original Jurisdiction), Single Judge (Nyapathy Vijay, J.), 08.12.2025 — A Junior Assistant of Sri Rajagopala Swamy and Anjaneyaswamy Vari Temple, Kodavatikallu, filed a writ petition under Article 226 challenging his suspension by the Executive Officer (Respondent No.4) vide Rc.Nil/2024, dated 27.12.2024 as illegal and arbitrary. During pendency, pursuant to instructions of the Commissioner, Endowments Department (Respondent No.2) vide Rc.No.A1/15021/107/2020, dated 10.11.2025, the Executive Officer reinstated the Petitioner into service pending enquiry into charges vide Rc.Nil/2024, dated 01.12.2025, and the Petitioner joined duty on 01.12.2025. The surviving grievance — non-release of subsistence allowance for the suspension period — was resolved by disposing of the writ petition with a direction to the Respondent-authorities to release the subsistence allowance in accordance with the Rules within eight weeks from receipt of a copy of the order; no order as to costs; miscellaneous petitions closed.

[3460]

APHC010356292025

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

MONDAY, THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

WRIT PETITION NO:18266/2025

Between:

VELLANKI PAVAN KUMAR, S/O LATE RAMACHANDRA RAO, AGED ABOUT 44 YEARS. JUNIOR ASSISTANT, SRI RAJAGOPALA SWAMY AND ANJANEYASWAMY VARI TEMPLE, KODAVATIKALLU VILLAGE, CHANDARLAPADU MANDAL, KRISHNA DISTRICT (NOW NTR DISTRICT)

...PETITIONER

AND

STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY, ENDOWMENTS DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT

COMMISSIONER, ENDOWMENTS DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, GOLLAPUDI, VIJAYAWADA, KRISHNA DISTRICT (NOW NTR DISTRICT)

DISTRICT ENDOWMENTS OFFICER, NTR DISTRICT (PREVIOUSLY IN KRISHNA DISTRICT), BESIDE GLOBAL HOSPITAL, GOVERNORPET, VIJAYAWADA

EXECUTIVE OFFICER, SRI RAJAGOPALA SWAMY AND ANJANEYASWAMY VARI TEMPLE, KODAVATIKALLU VILLAGE, CHANDARLAPADU MANDAL, KRISHNA DISTRICT (NOW NTR DISTRICT)

...RESPONDENT(S):

2

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 of Mandamus or any other appropriate Writ, order or direction declaring the orders of the 5^th Respondent in Rc.No.Nil/2024, dt.27.12.2024 placing him and continuing him under suspension as illegal, arbitrary etc. and grant such other reliefs.

IA NO: 1 OF 2025

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 suspend the operation of the orders of the 5th Respondent in Rc.No.Nil/2024, dt.27.12.2024 pending disposal of the above Writ Petition and grant such other reliefs.

IA NO: 2 OF 2025

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 salary and subsistence allowance amounts due to the Petitioner forthwith pending disposal of the above Writ Petition.

Counsel for the Petitioner:

1.V V L N SARMA

Counsel for the Respondent(S):

1.GP FOR SERVICES II

The Court made the following:

3

THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

WRIT PETITION No.18266 of 2025

ORDER:

The present Writ Petition is filed questioning the action of Respondent No.4 in issuing orders vide Rc.Nil/2024, dated 27.12.2024 by placing the Petitioner and continuing him under suspension, as illegal and arbitrary.

In the course of arguments, it is brought to the notice of this Court that pursuant to instructions issued by Respondent No.2 vide Rc.No.A1/15021/107/2020, dated 10.11.2025, Respondent No.4 issued orders vide Rc.Nil/2024, dated 01.12.2025 reinstating the Petitioner into service pending enquiry into charges. The Petitioner joined duty on the F.N of 01.12.2025 and submitted his joining report to Respondent No.4.

The learned counsel for the Petitioner Sri V.V.L.N. Sarma would submit that the subsistence allowance was not released to the Petitioner during his suspension period.

The learned Standing Counsel appearing for Respondent No.4 would submit that subsistence allowance would be released in accordance with the Rules.

4

Considering the submissions made by both sides counsel,

the Writ Petition is disposed of with the following directions;

(i) The Respondent-authorities are directed to release the subsistence allowance for the suspension period of the Petitioner in accordance with the Rules within a period of eight

(8) weeks from the date of receipt of a copy of this order;

(ii) No order as to costs.

As a sequel, miscellaneous petitions, pending if any, shall stand closed.

________________________ JUSTICE NYAPATHY VIJAY

Date: 08.12.2025

IS

5

THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

WRIT PETITION No.18266 of 2025

Dated: 08.12.2025

IS