K Venkata Chalapathi Vs the State of Andhra Pradesh

K VENKATA CHALAPATHI, S/O YELLAPPA, AGED ABOUT 62 YEARS, OCC RETIRED-RECORD ASSISTANT, R/O D.NO. 1-2-249, PRAKASAM STREET, TIRUPATI, TIRUPATI DISTRICT, (ERSTWHILE CHITTOOR 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, REVENUE ENDOWMENT DEPARTMENT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

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THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

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THE COMMISSIONER, ENDOWMENT DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, GOLLAPUDI, VIJAYAWADA, NTR DISTRICT.

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SRI SWAMY HATHIRAMJEE MUTT, REPRESENTED BY ITS ADMINISTRATIVE OFFICER CUM FIT PERSON, ENDOWMENT DEPARTMENT, GANDHI ROAD, TIRUPATI, TIRUPATI DISTRICT, (ERSTWHILE CHITTOOR 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 High Court may be pleased tomay be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondents No.4 in not Granted and releasing retirement benefits such as Gratuity, entitled Pension, GPF and earned leave encashment ect., benefits including due Revision of Pay scales is illegal, arbitrary and violation of Revised pension Rules 1980 and Gratuity rules read with Notification G.O.Ms No 389 dated 09.08.2023 of 1 st Respondent besides violation of Article 14, 19, 21 and Article 311 of Constitutional Law of India and consequently directing the Respondent No 4 to consider the representations dated 03.03.2025 and 19.05.2025 of the petitioner by paying all the retirement benefits i.e. entitled Service Pension, Gratuity, Leave Encashment etc., as per Revised pension Rules 1980 and Gratuity rules read with Notification under G.O.Ms No 389 dated 09.08.2023 and to pass such

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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 Respondent No.4 to consider the representations dated 03.03.2025 and 19.05.2025 of the petitioner by paying all the retirement benefits i.e. entitled Service Pension, Gratuity, Leave Encashment etc., as per Revised pension Rules 1980 and Gratuity rules read with Notification under G.O.Ms No 389 dated 09.08.2023 Pending disposal of the Writ Petition, and pass such

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Counsel for the Petitioner:

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1.KANDA SRINIVASU

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Counsel for the Respondent(S):

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1.T VENU GOPAL SC FOR ENDOWMENTS (RAYALASEEMA REGION)

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2.GP FOR SERVICES II

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3.GP FOR FINANCE PLANNING

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The Court made the following:

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The Court made the following ORDER:

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The writ petition is filed under Article 226 of Constitution of India seeking the following relief:

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“….to issue a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondents No.4 in not Granting and releasing retirement benefits such as Gratuity, entitled Pension, GPF and earned leave encashment ect., benefits including due Revision of Pay scales is illegal, arbitrary and violation of Revised Pension Rules, 1980 and Gratuity rules read with Notification G.O.Ms.No.389, dated 09.08.2023 of the 1^st Respondent besides violation of Article 14, 19, 21 and Article 311 of Constitutional Law of India and consequently directing the Respondent No.4 to consider the representations dated 03.03.2025 and 19.05.2025 of the petitioner by paying all the retirement benefits i.e., entitled Service Pension Gratuity Leave Encashment etc., as per Revised pension Rules, 1980 and Gratuity rules read with Notification under G.O.Ms.No.389 dated 09.08.2023 and to pass such…”

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Heard Sri Kanda Srinivasu, learned counsel for the petitioner, Sri T.V. Venu Gopal, learned Standing Counsel and learned Assistant Government Pleader for Finance.

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Learned counsel for the petitioner submitted that though

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the petitioner is eligible for the sanctioned revise pay scales and pensionary benefits, the respondents did not consider the

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petitioner’s representations dated 03.03.2025 and 19.05.2025. Hence, the present writ petition is filed.

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On perusal of the record and also the representations made by the petitioner, this Court, without going into the merits of the matter, is inclined to dispose of the writ petition with the following direction:

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“ The Respondents, more particularly respondent No.4, are directed to consider the petitioner’s representations dated 03.03.2025 and 19.05.2025 and pass appropriate order in accordance with law within a period of two (02) months from the date of receipt of a copy of this order.”

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