D. Audinarayana, Vs The State of Andhra Pradesh

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APHC0ia371682025

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

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THURSDAY,THE ELEVENTH DAY OF SEPTEMBER 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: 19722 OF 2025

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Between:

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D. Audinarayana, S/o Late Venkata Raghavaulu, aged about 61 years, Occ: Retired Driver Government Service, R/o 4-7-168, Adavi Colony, Near Railway substation Gudur Tirupati District

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...PETITIONER

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AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Information and Public Relations Department Secretariat Buildings, Amaravathi, Guntur District

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The Regional Joint Director, Information and Public Relations Department, Ongole, Prakasam District

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The Deputy Director/District Information and Public Relation Officer, information and Public Relations Department, Nellore, SPSR Nellore District

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...RESPONDENTS

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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^{oneinthenature} of Writ of Mandamus declaring the action of the Respondent, in not paying salary of the petitioner, after the deducting the amounts already paid, to the

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.v^petitioner from December 2022 to February, 2024 and not releasing gratuity. ’*Group''lnsurance savings Fund of the petitioner on the ground that there is recovery order dated 21.10.2022 against me, as being arbitrary, illegal and contrary to the relevant rules and in violation of fundamental rights of the petitioner apart from being without jurisdiction and consequently direct the respondents to pay arrears of salary to the petitioner for the period between December, 2021 and February, 2024 and pay gratuity and other retirement benefits by taking date of retirement as 29.02.2024, notwithstanding the recovery order dated 21.10.2022 against me, in the interests of justice.

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lA NO: 1 OF 2Q2fi

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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 pay the sanctioned amounts of gratuity, earned leave and Group Insurance savings Fund to the petitioner, during the pendency of the above writ petition, in the interests of justice.

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Counsel for the Petitioner: SRI T. B. L. MURTHY

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Counsel for the Respondent Nos.1 to 3: GP FOR SERVICES I

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The Court made the following order:

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APHC010371682025

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IN THE HIGH COURT OF ANDHRA PRADESH [3460] AT AMARAVATI

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(Special Original Jurisdiction)

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THURSDAY,THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE NY APATHY VIJAY

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WRIT PETITION NO: 19722/2025

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Between;

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1 D AUDINARAYANA,, S/0 LATE VENKATA RAGHAVAULU, OCC. RETIRED DRIVER

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AGED ABOUT 61 YEARS GOVERNMENT SERVICE, R/0 4-7-168, ADAVl COLONY, NEAR RAILWAY SUBSTATION GUDUR TIRUPATI DISTRICT

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...PETITIONER

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AND

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1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, INFORMATION AND PUBLIC RELATIONS DEPARTMENT SECRETARIAT BUILDINGS, AMARAVATHl, GUNTUR DISTRICT

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2 THE REGIONAL JOINT DIRECTOR, INFORMATION AND PUBLIC RELATIONS DEPARTMENT, ONGOLE, PRAKASAM DISTRICT

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DIRECTOR/DISTRICT INFORMATION AND

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3.THE DEPUTY OFFICER, INFORMATION AND PUBLIC

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PUBLIC RELATION NELLORE, SPSR NELLORE

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RELATIONS DEPARTMENT, DISTRICT

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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}

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SiSS""-3“ ■— releasing gratuity. Group Insurance not savings Fund of the 2ri0 202?°a 'here is recover order dated the relevant ruTs T' “"'rery to rcrr:::s^r“srrrZ-iH pass«« r....,ro„ .«. « ”rs.r»«.?and"•'to

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LA NO: 1 OF ?n7*;

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Petition under Section 151 CPC praying that in the circumstances stated in the affidpuit fiiaJ" • petition^ the High Court nray be pleased pleaLdToTeoT the sS£S~S=S

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Counsel for the Petitioner:

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1T B L MURTHY

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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 HON'BLE SRI JUSTICE NYAPATHY VI3AY

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W.P.No.19722 of 2025

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O R DE R:

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This writ petition is filed questioning the action of the Respondents in not paying the salary of the Petitioner^from December, 2022 to February, 2024 and not releasing gratuity and Group Insurance savings on account that there is an order of recovery dated 21.10.2022 as illegal and arbitrary.

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The Petitioner was initially appointed as Driver and had joined the Department of Information and Public Relation, Office of Deputy Executive Information Engineer, Nellore on 18.12.1995. Subsequently, the Petitioner was appointed to Special^Grade Post on 13.05.20204 and regular pay scale was fixed. After completion of 29 years of service, the Petitioner had retired from service by taking voluntary retirement on 29.02.2024.

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Prior to the retirement, the Petitioner was issued a charge memorandum on 30.06.2022 directing the Petitioner to^submitan explanation for acts of misconduct said to have been committed. After enquiry, the disciplinary authority passed order directing the Petitioner to pay Rs. 18,010/vide orders dated 25.10.2022. Questioning the same. Petitioner filed W.P.No.4006 of 2023 and

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2

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in that writ petition an interim order dated 20.02.2023 was passed by this Court restraining further recovery. While so, though the Petitioner had retired from service in February, 2024, gratuity and Group Insurance and Salary from December, 2022 to February, 2024 were not paid to the Petitioner. Hence, this writ petition.

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Heard Sri T.B.L.Murthy, learned counsel for the Petitioner and learned Government Pleader for the Respondents. 5. Learned counsel for the Petitioner would submit that the Petitioner would ai give an undertaking to the Respondents agreeing for recovery of Rs,18,010/- pursuant to the order of the disciplinary authority on 25.10.202 from the pension being paid to the Petitioner in the event W.P.No.4006 of 2023 is dismissed by this Court.

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Learned Assistant Government Pleader Sri S.Raju would submit that the amount due to the Petitioner would be paid after adjudication of W.P.No.4006 of 2023, wherein the order of recovery is under challenge.

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Having heard the respective counsel, the writ petition is disposed of with the following directions

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3

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(a) The Petitioner should give an undertaking to the Respondents agreeing for recovery of Rs. 18,010/- pursuant to the^orderofthe disciplinary authority on 25.10.202 in the event of dismissal of

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W.P.No.4006 of 2023 within a period of four weeks from today.

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(b) On receipt of the undertaking from the Petitioner, the Respondents shall release the amounts due to the Petitioner towards Gratuity, Group Insurance within a period of eight weeks thereafter.

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(c) As regards salary from December, 2022 to February, 2024, the Respondents shall examine the same if the Petitioner is eligible and pass appropriate orders within the further period of eight weeks.

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(d) No order as to costs.

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As a sequel, the miscellaneous petitions if any shall^stand

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dismissed.

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Sd/- M. SRINfV.AS ASSISTANT REGISTRAR

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//TRUE COPY//

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SECTION OFFICER