Andhra Pradesh High Court
WA/574/2026 of D MALLIKARJUNA Vs THE STATE OF ANDHRA PRADESH on 4 May 2026
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3545] TUESDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE A . HARI HARANADHA SARMA WRIT APPEAL NO: 574/2026 Writ Appeal under clause 15 of
APHC010245852026
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
TUESDAY,THE FIFTH DAY OF MAY
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE BATTU DEVANAND
THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA
WRIT APPEAL NO: 574/2026
Writ Appeal under clause 15 of the Letters Patent to set aside the Order in I.A. No.1 of 2026 in W.P. No.6336 of 2026 dated 27.04.2026 and consequently direct the 2ND Respondent to forthwith update Petitioners salary and Service Records and to release all retirements benefits including Petitioners Provisional pension. Gratuity, Sanctioned Leave encashment, provident fund and other retirement benefits as per entitlement without any further delay with penal interest as per G.O.Ms. No.59 dated 07.10.2025 of Finance (HR-lll-Pension AND GPF) Department and pass s Between:
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1. D MALLIKARJUNA, S/O LATE ANJANEYULU, AGE 63 YEARS, RETIRED AS AN ASSISTANT DIRECTOR/ASSISTANT CITY PLANNER AT 2ND RESPONDENT DEPARTMENT.
...APPELLANT AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT (VIG-I) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMRAVATI, GUNTUR DISTRICT.
2. THE DIRECTORATE OF TOWN AND COUNTRY PLANNING, REPRESENTED BY ITS DIRECTOR, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, MGM CAPITAL, GROUND FLOOR, NRI HOSPITAL, JUNCTION, MANGALAGIRI, GUNTUR DISTRICT,
AMRAVATI.
3. THE ACCOUNTANT GENERALA AND E, ANDHRA PRADESH, VIJAYAWADA
...RESPONDENT(S): IA NO: 1 OF 2026 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 Pleased to permit the petitioner to file citation/judgment and receive this as additional documents in W.A pending disposal of the writ appeal in the interest of justice. IA NO: 2 OF 2026 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 pleased to suspend the orders in WP I.A.NO 1 of 2026 in W.P.No.6336/2026, dated 27.04.2026 and direct the direct the 2ND Respondent to forthwith update Petitioners salary and Service Records and to release all retirements benefits including Petitioners’ Provisional pension, Gratuity, Sanctioned Leave encashment, provident fund and other retirement benefits as per entitlement without any further delay with penal interest as per G.O.Ms. No.59 dated 07.10.2025 of Finance (HR-lll-Pension & GPF) Department, pending disposal of the writ appeal in the interest of justice. Counsel for the Appellant:
1. S SRINIVASA RAO Counsel for the Respondent(S):
1. GP MUNCIPAL ADMN AND URBAN DEV AP
2. K SWARNA SESHU The Court made the following:
THE HON’BLE SRI JUSTICE BATTU DEVANAND AND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA
WRIT APPEAL NO: 574 of 2026
JUDGMENT:(Per Hon’ble Sri Justice Battu Devanand)
Heard the learned counsel for appellant and the learned counsel for respondents.
2. Perused the record.
3. This Writ Appeal is filed against the interim order dated 27.04.2026 in I.A.No.1 of 2026 in W.P.No.6336 of 2026 passed by the learned Single Judge of this Court. Having considered the submissions of the respective counsels and on perusal of the material available on record we deem it appropriate to direct the appellant’s counsel to raise all his contentions before the learned Single Judge whenever Writ Petition is listed in view of the fact that the main Writ Petition is pending.
4. In view of the above, the Writ Appeal is disposed of with the following directions:
1. The appellant shall raise all his contentions before the learned Single Judge whenever Writ Petition is listed.
2. The learned Single Judge is requested to dispose of the said Writ Petition in accordance with law as early as possible.
3. The respondents are directed to follow Rule 52 of Revised Pension Rules, 1980 to pay Provisional Pension to the appellant within a period of four (4) weeks from today.
5. There shall be no order as to costs.
Consequently, miscellaneous applications, pending if any, shall stand closed.
__________________________ JUSTICE BATTU DEVANAND
__________________________________ JUSTICE A. HARI HARANADHA SARMA
Date: 05.05.2026 sj
THE HON’BLE SRI JUSTICE BATTU DEVANAND AND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA
WRIT APPEAL NO: 574 of 2026
Date: 05.05.2026 sj