Andhra Pradesh High Court
WP/20670/2025 of P MADHUSUDHANA RAO Vs THE STATE OF ANDHRA PRADESH on 10 March 2026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] WEDNESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 20670/2025 Between: 1. P MADHUSUDHANA RAO, S/O LATE KONDAIAH, AGED ABOUT
APHC010324062025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
WEDNESDAY, THE ELEVENTH DAY OF MARCH
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE D RAMESH
WRIT PETITION NO: 20670/2025
Between:
1. P MADHUSUDHANA RAO, S/O LATE KONDAIAH, AGED ABOUT 62
YEARS, RETIRED ASSISTANT ARCHTECETURAL DRAFTSMEN, (AADM), AP CAPITAL REGION DEVELOPMENT AUTHORITY
(APCRDA), VIJAYAWADA, R/O FLAT NO 401, JKS ESTATES, MARUTHINAGAR, VIJAYAWADA URBAN, KRISHNA DISTRICT, 522
004.
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY IT
PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND
URBAN DEVELOPMENT (VIG IV. 2) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.
2. THE COMMISSIONER, ANDHRA PRADESH CAPITAL REGION
DEVELOPMENT
AUTHORITY
(CRDA),
VIJAYAWADA,
NTR
DISTRICT .
...RESPONDENT(S):
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 to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the impugned Endorsement issued by the 2nd Respondent dated 21-08-2024 rejecting the claim of the Petitioner of
sanction of 80 percent retirement Gratuity under guise of pendency of FIR
08/RCT-ACB-VJA-2008, dated 15-03-2014, Under Section 7 of the Prevention of Corruption of AP Revised Pension Rules,1980 as illegal, arbitrary and contrary to the G.O.Rt.No.1097, Finance and Planning (FW
Pen 1) Department dated 22.6.2000 and Rule 52 (1)(c) 2nd Proviso of AP
Revised Pension Rules, 1980 and set aside the same and consequently direct the respondents to release the 80 percent retirement gratuity of the petitioner in terms of G O Rt No. 1097, Finance and Planning (FW Pen-1)
Department, dated 22.6.2000 and Rule 52(1) ( c ) 2nd proviso of A P
Revised Pension Rules, 1980 and on the same analogy of similar orders passed in WP. No. 2545 /2020, W.P. No. 6050/2021 and W.P. No.
33884/2022 and to pass
IA NO: 1 OF 2025
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 direct the Respondents to release 80% Retirement Gratuity of the Petitioner pending FIR No.
08/RCT-ACB-VJA/2008, dated 15.3.2014 in terms of G.O.Rt. No.
1097, Finance & Planning (FW-Pen-1) Department, dated 22-6-2000
on the same analogy of similar orders passed by this Hon’ble Court in WP. No. 2545 /2020, W.P. No. 6050/2021 and W.P. No. 33884/2022
pending disposal of the writ Petition and to pass Counsel for the Petitioner:
1. A SREEDHAR
Counsel for the Respondent(S):
1. GP FOR SERVICES I
2. S PRANATHI
The Court made the following:
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ORDER:
The present writ petition is filed seeking the following relief: “….to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the impugned Endorsement issued by the 2nd Respondent dated 21-08-2024 rejecting the claim of the Petitioner of sanction of 80 percent retirement Gratuity under guise of pendency of FIR 08/RCT- ACB-VJA-2008, dated 15-03-2014, Under Section 7 of the Prevention of Corruption of AP Revised Pension Rules,1980 as illegal, arbitrary and contrary to the G.O.Rt.No.1097, Finance and Planning (FW Pen 1) Department dated 22.6.2000 and Rule 52
(1) (c) 2nd Proviso of AP Revised Pension Rules, 1980 and set aside the same and consequently direct the respondents to release the 80 percent retirement gratuity of the petitioner in terms of G.O.Rt.No.1097, Finance and Planning (FW Pen-1) Department, dated 22.6.2000 and Rule 52(1) ( c ) 2nd proviso of A P Revised Pension Rules, 1980 and on the same analogy of similar orders passed in W.P.No.2545/2020, W.P.No. 6050/2021 and W.P.No.33884/2022 and to pass…..”
2. Heard Mr. A.Sreedhar, learned counsel for the petitioner and learned Government Pleader appearing for the respondents.
3. The contention of the petitioner is that as per G.O.Rt.No.1097 dated 22.6.2000, the petitioner is also entitled for leave encashment salary and 80% of retirement gratuity and the said aspect was considered by this Court in W.P.No.33884 of 2022 and the same was disposed on 30.01.2025 with a direction to pay 80% of retirement gratuity to the petitioner. In the identical cases, the department has filed Writ Appeal vide W.A.No.196 of 2022 and the same was disposed of with the following direction:
“For the foregoing discussion, the said part of the impugned order passed by the learned single Judge allowing payment of 80% of the retirement gratuity to the writ petitioner is set aside. However, we observe that the writ petitioner is entitled to leave encashment.”
4. Learned Government Pleader submitted that the Court may pass appropriate orders.
5. Considering the observations of the Division bench, this Writ Petition is also disposed of directing the respondents herein to pay the leave encashment salary to the petitioner, within a period of two (02) months from the date of receipt of a copy of the order. No costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. _______________________ JUSTICE D.RAMESH
Date: 11.3.2026 RD
THE HONOURABLE SRI JUSTICE D.RAMESH
WRIT PETITION No.20670 of 2025 Dated: 11.3.2026 RD