K Trinadha Rao vs The State Of Andhra Pradesh
2024 Latest Caselaw 8209 AP

Andhra Pradesh High Court - Amravati

K Trinadha Rao vs The State Of Andhra Pradesh on 10 September, 2024

APHC010363512024
                     IN THE HIGH COURT OF ANDHRA PRADESH
                                   AT AMARAVATI                              [3331]
                            (Special Original Jurisdiction)

                   TUESDAY, THE TENTH DAY OF SEPTEMBER
                     TWO THOUSAND AND TWENTY FOUR

                                    PRESENT

         THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

                        WRIT PETITION NO: 18560/2024

Between:

K Trinadha Rao                                                      ...PETITIONER

                                       AND

The State Of Andhra Pradesh and Others                        ...RESPONDENT(S)

Counsel for the Petitioner:

  1. BATHALA RAMESH

Counsel for the Respondent(S):

  1. GP FOR SERVICES III

  2. GP FOR SERVICES I

The Court made the following:

                                     ORDER

This Writ Petition is filed seeking the following relief:

"...to to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the Retirement benefits with a totaling of Rs.22,04,176/ Rs.22,04,176/- i.e., 1.Retirement Gratuity of Rs.13,30,576/- and 2.Encashment of Leave Salary of Rs.8,73,600/ Rs.8,73,600/-, withholding the same as illegal, arbitrary and violation of Article 21 and 300A of the Constitution of India and consequently direct the respondents to pay Re Retirement tirement Gratuity, Earned Leave Encashment and

pending arrears of salary, along with 9percent interest on the delayed Retirement benefits in terms of well settled law of the Hon'ble Apex Court of India reported in (2022) 4 SCC 627, and W.A.No.383 of 2022, dated 12.07.2022, immediately to the petitioner ..."

2. Heard Sri B.Ramesh, learned counsel for the petitioner and Sri S.Raju, learned Assistant Government Pleader for Services for Respondents.

3. When the matter is taken up for hearing, learned counsel for the petitioner submitted that the issue involved in this writ petition is squarely covered by the judgment dated 12.07.2022 passed in W.A.No.383 of 2022 and prayed that similar order be passed in this writ petition.

4. Learned Assistant Government Pleader for Services has not refuted the submission of learned counsel for the petitioner.

5. Given the facts and circumstances of the case, this Writ Petition is allowed in terms of judgment dated 12.07.2022 passed in W.A.No.383 of 2022, directing the respondents to pay the retirement monetary benefits payable to the petitioner along with interest @ 9% per annum on the delayed retirement benefits i.e. full pension, gratuity, encashment of earned leave and commutation of pension, from the date of retirement till the date of actual payments made to the petitioner. No costs.

Registry is directed to annex a copy of the judgment dated 12.07.2022 passed in W.A.No.383 of 2022, to this order.

As a sequel, pending miscellaneous petitions, if any, shall stand closed.

___________________________ JUSTICE SUBBA REDDY SATTI PVD