Andhra Pradesh High Court
WP/17256/2025 of Y PATTABHI RAMAIAH Vs THE STATE OF AP on 1 March 2026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] MONDAY, THE SECOND DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 17256/2025 Between: 1. Y PATTABHI RAMAIAH, S/O LATE VENKATA SUBRAMANYA RAMA
APHC010343482025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
MONDAY, THE SECOND DAY OF MARCH
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE D RAMESH
WRIT PETITION NO: 17256/2025
Between:
1. Y PATTABHI RAMAIAH, S/O LATE VENKATA SUBRAMANYA RAMA
JOGESWARA RAO, AGED 62 YEARS, RETIRED GENERAL
MANAGER (PIU), R/O D.NO. 10-321/A, SRIRAMAKRISHNA
NILAYAM, KOMASALI COLONY, TARAKARAMA NAGAR END, AMALAPURAM, DR. B.R. AMBEDKAR KONASEEMA DISTRICT.
...PETITIONER
AND
1. THE STATE OF AP, REP. BY ITS EX-OFFICIO SPECIAL CHIEF
SECRETARY,
AGRICULTURE
AND
COOPERATION
DEPARTMENT,
SECRETARIAT,
VELAGAPUDI,
AMARAVATI,
GUNTUR DISTRICT.
2. A P STATE WAREHOUSING CORPORATION, REP. BY ITS
MANAGING DIRECTOR, VIJAYAWADA.
...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 an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 2ND
respondent in not paying the retirement benefits i.e.. Gratuity, Encashment of Earned Leave, Group Service Linked Insurance and Provident Fund to the petitioner as illegal, arbitrary and violative of Articles 14 and 21 of
Constitution of India and consequently direct the 2ND respondent to pay the retirement benefits i.e., Gratuity, Encashment of Earned Leave, Group Service Linked insurance and Provident Fund and other benefits to the petitioner along with interest @ 12PERCENT per annum from the date of his retirement and 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 to direct the 2nd respondent to immediately pay the retirement benefits i.e Gratuity, Encashment of Earned Leave, Group Service Linked Insurance and Provident F0und and other benefits to the petitioner, pending disposal of the writ petition and pass Counsel for the Petitioner:
1. MANOJ KUMAR BETHAPUDI
Counsel for the Respondent(S):
1. GP FOR SERVICES II
2. A V G MADHAVA RAO
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 action of the 2ND respondent in not paying the retirement benefits i.e.. Gratuity, Encashment of Earned Leave, Group Service Linked Insurance and Provident Fund to the petitioner as illegal, arbitrary and violative of Articles 14 and 21 of Constitution of India and consequently direct the 2nd respondent to pay the retirement benefits i.e., Gratuity, Encashment of Earned Leave, Group Service Linked insurance and Provident Fund and other benefits to the petitioner along with interest @ 12% per annum from the date of his retirement and pass….”
2. Heard Mr.Manoj Kumar Bethapudi, learned counsel for the petitioner and learned Government Pleader appearing for the respondents.
3. A perusal of the averments made in the writ petition shows that the petitioner was retired from service on 31.8.2023. In the year 2022, respondent no.2 Managing Director of A.P.State Ware Housing Corporation has issued notice on 08.4.2022 to the petitioner and again on 20.4.2022 and to the same, the petitioner has submitted his explanation on 20.4.2022. Like that nine show cause notices were issued and the petitioner has submitted explanation and no charge memo and no disciplinary proceedings were initiated and the respondents have not released the pension as well as retirement benefits to the petitioner. Hence the writ petition.
4. According to the averments made in the counter, it is surprising to note that they have admitted issuance of nine show cause notices and as the explanations submitted by the petitioner were found not satisfactory, the matter was still under the consideration for initiation of disciplinary proceedings and they have also stated that as per Rule 9 of the APSWC Service Rules, they are entitled to withhold the pensionary benefits. Further there is partial provident fund contributions have been processed and the remaining balance was under reconciliation, pending final audit clearance and issuance of no objection certificate from all concerned departments.
5. Noting the above averments made in the counter, this Court has taken a serious view for which learned standing counsel appearing on behalf of the respondents, on written instructions dated 26.02.2026, submitted that there will be an Audit Committee meeting on 16th and 17th of March, 2026 and in the said circumstances, left with no option, this Court has given directions to respondent no.2 to place the proposals of the petitioner in the said Audit Committee Meeting for release of pensionary benefits of the petitioner and it is also directed to take the issue pertaining to the petitioner in that review meeting and the review committee may submit its report to the concerned authorities within a period of two (02) weeks thereafter the concerned authority is directed to pass orders based on report two (02) weeks thereafter and based on the said orders, the respondent no.2 is directed to release all the pensionary benefits to the petitioner within two (02) months from the date of the order. It is needless to mention here that if the petitioner is entitled for any interest, the same may be considered as per Rules.
6. With the above observations, the Writ Petition is disposed of. No costs.
As a sequel, miscellaneous petitions pending, if any, shall stand closed. _______________________ JUSTICE D.RAMESH
Date: 02.3.2026 RD
THE HONOURABLE SRI JUSTICE D.RAMESH
WRIT PETITION No.17256 of 2025 Dated: 02.3.2026 RD