Katakam Satyanarayana Reddy Vs the State of Andhra Pradesh

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APHC010092512023

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

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o TUESDAY,THE NINTH DAY OF SEPTEMBER (S y TWO THOUSAND AND TWENTY FIVE PRESENT

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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

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WRIT PETITION NO: 4649 OF

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Between:

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Ka^fkam Satyanarayana Reddy, ‘ S/o.Venkata Krishna Reddy, Aged about 67 yrs. Flat NO.SF2, RK Residency. , D.No.7-17-137/A 3'^'^ Lane, Srinagar, Gudtur Town, Guntur Dist.

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...PETITIONER

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AND

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1i The State of Andhra Pradesh, Rep by its Principal Secretary,

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Endowments Department, Government of Andhra Pradesh, Secretariat

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Buildings, Velagapudi, Amaravathi, Andhra Pradesh.

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The Government of Andhra Pradesh, Rep by its Principal Secretary

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Finance Department Secretariate Buildings, Velagapudi, Amaravathi’

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Andhra Pradesh.

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The Commissioner, I Endowments Department, Office at Gollapudi

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Vijayawada, NTR District.

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The Asst. Commissioner, Endowments Department, Naaz Center,

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Guntur.

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The District Treasury Officer, Guntur District, Guntur.

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...respondents

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated i in the affidavit filed therewith. the High Court may be

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pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus, or any other appropriate writ declaring that the action of the Respondents in not releasing the Petitioner's entire retirement benefits which are payable to me, on account of my retirement on 31.08.2016 on attaining the age of superannuation and further action of the Respondents in not releasing the Pension therefrom, without any just cause is arbitrary, illegal, capricious, violative of Article 14, 21 and 300 A of the Constitution of India and contrary to the A.P. Revised Pension Rules, 1980 and thereby direct the Respondents to release the entire retirement Benefits of the Petitioner and Pension after due calculation with interest @ 24% per annum from the date of retirement i.e., 31.08.2016, till the date of payment, in the interest of justice.

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lA NO: 1 OF 207.^

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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 more particularly the Respondent No.4 to consider my Representation dt.30.12.2022 which was received by Respondent No.4 on 31.12.2022 and pass appropriate Order on the said Representation .

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Counsel for the Petitioner: ANAND KUMAR KOCHIRI Counsel for the Respondent Nos.1,3 & 4: GP FOR ENDOWMENTS Counsel for the Respondent Ns.2 & 5:GP FOR FINANCE & PLANNING The Court made the following order:

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APHC010092512023 IN THE HIGH COURT OF ANDHRA PRADESH [3460] AT AMARAVATI ■JW (Special Original Jurisdiction)

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TUESDAY,THE NINTH 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: 4649/2023 Between:

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1.KATAKAM SATYANARAYANA REDDY, S/O.VENKATA KRISHNA REDDY, AGED ABOUT 67 YRS, FLAT NO.SF2, RK RESIDENCY, D.NO.7-17-137/A, 3RD LANE, SRINAGAR, GUNTUR TOWN, GUNTUR DIST. ...PETITIONER

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AND

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1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY ENDOWMENTS DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH SECRETARIATE BUILDINGS VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH.

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2.THE GOVERNMENT OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIATE BUILDINGS, VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH.

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3.THE COMMISSIONER, ENDOWMENTS DEPARTMENT, OFFICE AT GOLLAPUDI, VIJAYAWADA, NTR DISTRICT.

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4.THE ASST COMMISSIONER, ENDOWMENTS

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V'.V;'J6v>* -•■ a

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2

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DEPARTMENT, NAAZ CENTER, GUNTUR.

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5.THE DISTRICT TREASURY OFFICER, GUNTUR

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DISTRICT, GUNTUR.

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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 topleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus, or any other appropriate writ declaring that the action of the Respondents in not releasing the Petitioner's entire retirement benefits which are payable to me, on account of my retirement on 31.08.2016 on attaining the age of superannuation and further action of the Respondents in not releasing the Pension therefrom, without any just cause is arbitrary, illegal, capricious, violative of Article 14, 21 and 300 A of the Constitution of India and contrary to the A.P. Revised Pension Rules, 1980 and thereby^directthe Respondents to release the entire retirement Benefits of the Petitioner and Pension after due calculation with interest @ 24percent per annum from the date of retirement i.e., 31.08.2016, till the date of payment, in the interest of justice and^to pass

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lA NO: 1 OF 2Q23

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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 pleased to direct the Respondents more particularly the Respondent No.4 to consider my Representation dt.30.12.2022 which was received by Respondent No.4 on 31.12.2022 and pass appropriate Order on the said Representation and to pass

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lA 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

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petition, the High Court may be pleased pleased to grant leave to the Respondents to file Counter Affidavit and to pass

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Counsel for the Petitioner:

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1.ANAND KUMAR KOCHIRI

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Counsel for the Respondent(S):

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1.GP FOR ENDOWMENTS (AP)

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2.GP FOR SERVICES II

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Vhe Court made the following:

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THE HON’BLE SRI JUSTICE NYAPATHY VIJAY

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W.P.No.4649 of 2023

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O R DE R;

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The present writ petition is filed to declare the action^ofthe Respondents in not releasing the Petitioner’s entire retirement benefits as illegal and arbitrary.

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The facts leading to the filing of this case are as^follows;

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The Petitioner while working as Executive Officer in Duggirala temple, Duggirala, Guntur District had retired from service on 31.08.2016. However, the retirement benefits^dueto the Petitioner were not released in entirety. It is^{statedthatthe} Petitioner was married to one Rama Devi on 26.06.1986^and thereafter due to family disputes have been residing separately since 09.12.1989. The said Rama Devi filed M.C.No.01/1990^on the file of V Additional Junior Civil Judge, Guntur^andthecase was allowed directing the Petitioner to pay maintenance of Rs.500/- per month. It is also stated that Smt. Rama^Devihad filed O.S.No.501 of 2016 on the file of I Additional^JuniorCivil Judge, Guntur for return of Rs.3,12,000/- given towards^pasupu- kumkum apart from return of gold and household articles^toa

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tune of Rs. 1,50,000/-and maintenance to a tune of Rs. 1,20,000/totalling to Rs.5,82,000/-.

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An application I.A.No.350 of 2016 was filed therein seeking attachment of retirement benefits of the Petitioner and the trial Court attached an amount of Rs.6,00,258/- from the retirement benefits of the Petitioner. It is stated that the said suit was partly decreed by order dated 24,07.2023 only to the extent of awarding maintenance of Rs.8,000/- per month.

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It IS stated that the Petitioner is complying with the terms of |he judgment and decree referred above as on date. The petitioner also filed HMOP.No.250 of 2018 seeking divorce and jhe same was decreed and marriage between the Petitioner was dissolved vide order dated 30.08.2019 by Senior Civil Judge, Narsaraopeta and the appeal filed against the order being CMA.No.562 of 2019 filed by Smt. Rama Devi is pending before this Court.

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5i The grievance of the Petitioner is that in spite of rejection of the claim in the suit except to the extent of granting maintenance @ Rs.8,000/-, the Respondents are not releasing the retirement benefit of Rs.6,00,258/due to the Petitioner and are not

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sanctioning pension. The Petitioner had submitted representation on 30.12.2022 to Respondent No.3, however, as there^was no response thereon, the present writ petition is filed.

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In the counter affidavit filed by the Respondents, it is stated that the amount of Rs.6,00,258/- was withheld on account of Court orders towards earned leave encashment, GAS and GPF amounts. It is further stated that the Petitioner submitted a representation on 30.12.2022 requesting for sanction of retirement benefits, but the same was submitted without submitting his pension papers and photographs. Therefore, no further action was taken thereon.

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Heard Sri Anand Kumar Kochiri, learned counsel for the Petitioner and Government Pleader for Services-ll and Government Pleader for Endowments.

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The issue in this case is with regard to non-release of retirement benefits of the Petitioner to a tune of Rs.6,00,258/-. This amount was attached pursuant to orders of the^civilCourtin I.A.No.350 of 2016 in O.S.No.501 of 2016 and the civil Court vide judgement and decree dated 24.07.2023 had rejected the majority claim, but had only granted enhancement of

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maintenance to Smt. Rama Devi @ Rs.8,000/per month. The operative portion of the order reads as under;

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•In the result, the suit is partly decreed by awarding monthly maintenance of Rs.8,000/- from the date of present ” of suit, subject to maintenance awarded in M.C. 1/1990.

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It IS not in dispute that no further appeal has been filed questioning the judgment and decree of the trial Court in O.S.No.501 of 2016 and no further order of attachment has been passed.

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Considering that major portion of the relief sought by Smt. Rama Devi having been rejected, there is no reason for the Respondent-authorities to keep the retirement benefits of the Petitioner to a tune of Rs.6,00,258/- with them. The reasoning given by the Respondents in the counter affidavit that the Petitioner submitted his explanation without enclosing the photographs to pension papers appears to be namesake.

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Therefore, the writ petition is disposed of with following directions;

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(a) The Petitioner shall submit an application for^release of balance retirement benefits within (04) weeks from^thedate of receipt of web copy.

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(b)Upon receipt of the application, the Respondents shall release the balance retirement amounts due to the Petitioner within a period of eight (8) weeks thereon,

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(c) No order as to costs.

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As a sequel, pending applications, if any, shall stand closed.

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Sd/' M. SRINIVAS assistant registrar

//TRUE COPY//

SECTION OFFICER

To.

The Principal Secretary, Endowments Department, State of Andhra Pradesh, Government of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Andhra Pradesh.

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