Andhra Pradesh High Court - Amravati
D Kishore vs The State Of Andhra Pradesh on 10 September, 2024
APHC010377162024
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: 19356/2024
Between:
D Kishore ...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.22,65,818/
Rs.22,65,818/- i.e. 1.Retirement Gratuity of
Rs.12,82,778/- and 2.Encashment of Leave Salary of Rs.9,83,040/-,
Rs.9,83,040/
withholding
ithholding the same as illegal
illegal, arbitrary and violation of Article 21 and
300A of the Constitution of India and consequently direct the
respondents to pay Retireme
Retirement
nt Gratuity, Earned Leave Encashment and
pending arrears of salary, along with 9% 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
