Andhra Pradesh High Court - Amravati
K Ammaji vs The State Of Andhra Pradesh on 23 February, 2023
Bench: Venkateswarlu Nimmagadda
HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO.4467 of 2023
ORDER:
The present writ petition is filed under Article 226 of the
Constitution of India for the following relief:
"...to issue a Writ, Order or direction more particularly
one in the nature of Writ of Mandamus declare the
action of the respondents in depriving the use of
legitimate Retirement Benefits of the petitioner, by
causing delay in payments, as illegal, arbitrary and
violation of Article 300A of the Constitution of India,
consequently, direct the respondents to pay
compensation by way of interest @ 9% p.a. on the
delayed Retirement Benefits, i.e., Full Pension, Gratuity,
Encashment of Earned Leave, and Commutation of
Pension, from the date of retirement to till the date of
actual payments made to the petitioner, in terms of the
orders passed in W.A.No.383 of 2022, dated
12.07.2022, and Settled Law of the Hon'ble Apex Court
reported in (2020) 16 SCC 318, and pass such other
order or orders may deem fit and proper in the
circumstances of the case." (in verbatim)
2. Heard learned counsel for the petitioner, learned
Government Pleader for Services-I appearing for the respondents.
3. When the matter is taken up for hearing, learned counsel for
the petitioner would submit that the issue involved in this Writ
Petition is squarely covered by the Judgment dated 12.07.2022
passed by the Division Bench of this Court in Writ Appeal No.383
of 2022 and requested to pass a similar order in this writ petition
also. The same is not disputed by learned Government Pleader for
Services-I appearing for the respondents.
3. In view of the same, for the reasons alike in the aforesaid
judgment, this Writ Petition is allowed directing the respondents to
pay the retirement monetary benefits to be payable and along with
interest @ 9% p.a. on the delayed retirement benefits i.e., Full
Pension, Gratuity, Encashment of Earned Leave, and
Commutation of Pension, from the date of retirement to till the
date of actual payments made to the petitioner, in terms of the
judgment dated 12.07.2022 passed by the Division Bench of this
Court in Writ Appeal No.383 of 2022. There shall be no order as to
costs.
4. Registry is directed to attach a copy of the judgment dated
12.07.2022 passed by the Division Bench of this Court in Writ
Appeal No.383 of 2022 to this order.
Consequently, Miscellaneous Petitions, if any, pending in the
writ petition shall stand closed.
_____________________________________
VENKATESWARLU NIMMAGADDA, J
23rd February, 2023
cbn
HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
Writ Petition No.4467 of 2023
23rd February, 2023
cbn
