Kantheti Vennkata Prasad Rao, Vs The State of Andhra Pradesh

KANTHETI VENNKATA PRASAD RAO,, S/O CHANRASEKHARA RAO, AGED ABOUT 65 YEARS,OCCRETIRED EMPLOYEE, R/O H.NO. 1-197, JOGGANNA VARI VEEDHI, KARAMCHEDU MANDAL, BAPATIA DISTRICT523166 (ERSE WHILE PRAKASAM DISTRICT)

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY PANCHAYAT RAJ AND RURAL DEVELOPMENT SECRETARIAT OF A P VELAGAPUDIAMARAVATHI GUNTUR DISTRICT

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THE DISTRICT COLLECTOR, BAPATIA, BAPATLA DISTRICT A.P.

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THE DISTRICT PANCHAYAT OFFICER, BAPATLA DISTRICT AT BAPATIA

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THE DISTRICT PANCHAYAT OFFICER, PRAKASAM DISTRICT,ONGOLE

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2

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THE KARAMCHEDU GRAM PANCHAYAT, REPRESENTED BY ITS EXECUTIVE OFFICER/PANCHAYAT SECRETARY KARAMCHAEDU VILLAGE AND MANDAL BAPATIA DISTRICT. (ERSE WHILE PRAKASAM DISTRICT)

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THE COMMISSIONER GRAM PANCHAYAT AND RURAL DEVELOPMENT, TADEPALLE, GUNTUR 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 In the above mentioned circumstances, It is therefore prayed that this Hon'ble Court may be pleased to issue a writ order or direction more particularly, one in the nature of Writ of Mandamus, declaring the action of the 2 to 6 respondents not releasing the Leave Arrear Amounts and not giving pension also Arrear amounts as per the Old Pension Scheme (OPS) to the petitioner as bad, illegal, arbitrary, abuse of power, violative of Article 14, 16 and 21 of Constitution of India and consequently setaside the same by the directing the respondents no. 2 to 6 to release the Leave Arrear Amount and sanction pension as per the Old Pension Scheme (OPS) to the petitioner by considering her initial appointment w.e.f 02.09.2002 as per the proceedings of the 3rd respondent issued vide L.Dis.No.1279/2002 Pts as on dated 21.08.2002 along with interest as this Hon'ble Court deems fit and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case in the interests of Justice, and to pass such other orders.

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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 Respondents No.2 to 6 to forthwith release the Leaves Amount and Pension amount to the petitioner Pending Disposal of Writ petition and pass such other orders.

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IA 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 Consider the Petitioner Representations on dated, 14.10.2024, 07.10.2024, 30.09.2024,29.09.2024, 21.09.2024 and 22.07.2023 to the Respondents No. 2 to 6 and Pending Disposal of Writ petition and pass such other orders.

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Counsel for the Petitioner:

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1.SRINIVASA KANNAMA REDDY

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Counsel for the Respondent(S):

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1.GP FOR SERVICES I

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2.Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats

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The Court made the following:

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Whether the order is :

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Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No

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4

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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

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WRIT PETITION No.9049 of 2025

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ORDER:

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The present Writ Petition is filed questioning the action of Respondent Nos.2 to 6 for not releasing the leave arrears amount and not giving pension arrears to the Petitioner as per the Old Pension Scheme (OPS) by considering his initial appointment and pleased to declare the same as illegal and arbitrary.

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2. The facts are as follows;

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The Petitioner was initially appointed as night Watchman on 02.09.2002 on contract basis pursuant to the Proceedings issued by the District Panchayat Officer on 21.08.2002. Thereafter, Respondent No.4 appointed the Petitioner in Respondent No.5Gram Panchayat. The Petitioner after rendering service all through had retired from service on attaining the age of superannuation on 31.05.2021. However, the pension benefits to the Petitioner were not disbursed. Hence, the present Writ Petition is filed.

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The learned counsel for the Petitioner submits that the retirement benefits were quantified at Rs.4,81,405/- and the earned leave was quantified at Rs.4,33,910/-.

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The learned Standing Counsel appearing for the Respondents

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submits that after filing of the Writ Petition, an amount of Rs.2,16,954/- was paid to the Petitioner and the balance amount would be disbursed, as expeditiously as possible.

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As there is not dispute with regard to the entitlement of the Petitioner, the Writ Petition is disposed of, with the following directions;

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i) Respondent No.5 shall disburse the amount due to the Petitioner, as referred above, within a period of eight (8) weeks from the date of receipt of a copy of this order.

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