Bandaru Venkata Rao Vs the State of Andhra Pradesh

Bandaru Venkata Rao, S/o Narsimha Rao (Late), Aged about 66 years, Tahsildar (Retd), D/No. 22-13.31,Near Moraiah Church, Mutyalavari Street, Tanuku-524003, West Godavari District.

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...PETITIONER

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AND

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The State of Andhra Pradesh, Represented by its Spl. Chief Secretary, Revenue Department, Secretariat, Velgapudi Amaravati, Andhra Pradesh

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The Chief Commissioner of Land Administration, Andhra Pradesh,

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Mangalagiri, Guntur District.

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The Collector and District Magistrate, Vizianagaram District,

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Vizianagaram.

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The Account General, Andhra Pradesh M.G. Road Vijayawada.

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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 one in the nature of a Writ of Mandamus, declaring the inaction of the respondents in not releasing the balance Pension of 19percent, Gratuity, Earned Leaves

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Encashment and Commuted Value of Pension and arrears of Revised Pension as per RPS 2022, Group Insurance, as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India apart from violation of Rule 9’ of the Andhra Pradesh Revised Pension Rules 1980 and consequently direct the respondents 1 and 2 to immediately release the balance Pension of 19percent Gratuity, Earned Leaves Encashment and Commuted Value of Pension and arrears of Revised Pension as per RPS 2022, Group Insurance, along with 12% interest per annum to the petitioner. lA NO: 1 OF 2091^ 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 immediately pay all the retirement benefits that are due to the petitioner vi viz; Pension of 19%, Gratuity, Earned Leaves Encashment and Commuted Value of Pension and arrears of Revised Pension as per RPS 2022, Group Insurance , along with 12% interest per annum, pending disposal of this writ petition.

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Counsel for the Petitioner: SRI MANOJ KUMAR BETHAPUDI Counsel for the Respondent Nos.1 to 4: GP FOR SERVICES I The Court made the following order:

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APHC010117612025

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[3460]

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (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: 6320/2025

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Between:

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1.BANDARU VENKATA RAO, S/0 NARSIMHA RAO (LATE), AGED ABOUT 66 YEARS, TAHSILDAR (RETD), D/NO. 2213.31,NEAR MORAIAH CHURCH, MUTYALAVARI STREET, TANUKU-524003, WEST GODAVARI DISTRICT.

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...PETITIONER

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AND

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1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS SPL.CHIEF SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELGAPUDI AMARAVATI, ANDHRA PRADESH

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2.THE CHIEF COMMISSIONER OF LAND ADMINISTRATION, ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT.

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3.THE COLLECTOR AND DISTRICT MAGISTRATE, VIZIANAGARAM DISTRICT, VIZIANAGARAM.

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4.THE ACCOUNT GENERAL, ANDHRA PRADESH, M.G. ROAD VIJAYAWADA.

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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 a Writ of Mandamus, declaring the inaction of the respondents in not releasing the balance Pension of 19percent, Gratuity,^Earned Leaves Encashment and Commuted Value of Pension and arrears of Revised Pension as per RPS 2022, Group Insurance, asillegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India apart from violation of Rule 9 of the Andhra Pradesh Revised Pension Rules, 1980 and consequently^direct the respondents 1 and 2 to immediately release the balance Pension of 19percent, Gratuity, Earned Leaves Encashment and Commuted Value of Pension and arrears of Revised Pension as per RPS 2022, Group Insurance, along with 12percent interest per annum to the petitioner and 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 petition, the High Court may be pleased Pleased to direct the Respondents to immediately pay all the retirement benefits that are due to the petitioner viz; Pension of 19%, Gratuity,^Earned Leaves Encashment and Commuted Value of Pension and arrears of Revised Pension as per RPS 2022, Group Insurance, along with 12% interest per annum, pending disposal of^this writ petition and pass

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lA 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 grant leave for filing of the Counter Affidavit in W.P.No.6320 of 2025 and pass

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Counsel for the Petitioner:

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3

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1.MAN0J KUMAR BETHAPUDI

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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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HON’BLE SRI JUSTICE NYAPATHY VIJAY

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W.P.No.6320 of 2025

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ORDER:

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This writ petition is filed for not releasing the balance pension of 19%, Gratuity, Earned Leave Encashment and Commuted Pension and arrears of revised pension as per RPS 2022 and Group Insurance as illegal and arbitrary.

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The Petitioner was initially appointed as Junior Assistant through APPSC in the year 1981 and subsequently, promoted^as Senior Assistant, Deputy Tahsildar and Tahsildar in the year

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On attaining the age of superannuation, the Petitioner retired on 31.08.2019 after rendering service of 36 years.

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The Petitioner while working as Tahsildar, Poosapatirega, Vizianagaram District during the period from September,^2012to May, 2013, the Revenue Divisional Officer, Vizianagaram conducted a field enquiry on the basis of newspaper^reportswith regard to the settlement of fair adangal/MRD and also^finalcheck operation (ECO) along with web land adangal and submitted a report on 01.05.2018 in which certain irregularities by the Petitioner were pointed out. On the basis of the report,^sanction was accorded vide G.O.Ms.No.282 dated 24.04.2019 by

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Respondent No.1 to conduct common disciplinary enquiry against the Petitioner and two other Tahsildars and two VROs as per Rules 20, 21 an 24 of ARCS (CC&A) Rules, 1991 (for^short‘the Rules’). After due enquiry in accordance with the procedure under the Rules, the Petitioner was imposed a punishment^of withholding of 6% pension permanently vide G.O.Rt.No.1026 dated 08.11.2023. It is stated that during the pendency^ofthe disciplinary enquiry, the Petitioner was paid 75% of pension. gratuity, earned leave encashment, commuted value of pension and Group Insurance and on completion of enquiry, the^Petitioner would be entitled for balance of retirement benefits^of 19%^after excluding the 6% pension imposed as penalty pursuant to disciplinary enquiry. As the said amount is not being paid, the present writ petition is filed.

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Heard Sri Manoj Kumar Bethampudi, learned counsel for the Petitioner and Government Pleader for Services-I for the Respondents.

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An additional affidavit was filed stating that an ACB raid was conducted at the residence of VRO working at Etcherla Mandal, Srikakulam District and the Petitioner was working as

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MRO at that point of time. It is stated in the said^casethataFIR was registered against the VRO and was arrested. The^Petitioner has no role in the said case.

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In the counter affidavit filed by the Respondent No.1, it is stated that necessary action will be taken by the Chief Commissioner of Land Administration for release of balance of 19% pension based on the Government orders issued vide Government Memo dated 09.07.2025 as per the Rules applicable to the Petitioner.

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Reasoning: The penalty on the Petitioner pursuant to the disciplinary enquiry was passed vide G.O.Rt.No.1026 dated 08.11.2023 and the Petitioner had retired prior to that on 31.09.2019. In the counter affidavit, there is no explanation for not releasing balance of pension, gratuity, earned leave, group insurance and commuted value of pension. In the counter affidavit, a fleeting reference is made that the Chief Commissioner of Land Administration would take necessary action for release the balance 19% of the pension.

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It is too well known that pension is not a bounty, but a right of the employee and withholding/delaying the same would^bean

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affront on the fundamental right under Article 19(1) (f) of the constitution of India as held in Deokinandan Prasad Vs State of Bihar\ In the case of U.P.Raghavendra acharya Vs State^of Karnataka^, the pension was held to be deferred salary^akinto property. The same would be the case in so far as other retirement benefits claimed by the Petitioner.

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