The High Court · 2025

Judgment

4. state of relangana, Rep.by its principal Secretary - General Administration Department. Secretariat, Hyderabad. State of Andhra Pradeih, Rep.by its principal Secretary _ General Administration Department, Secretbridt, Amaravafl-ii. Telangana State Public Service Commissioner, Rep.by its Secretary, TSPSC Building, Beside Gandhi Bhavan, Nampallv. Hvdera'bacl. Andhra Pradesh State Public servicei comniissioner, Rep.bv its secretarv. HODs Building, 2nd Floor, MG Road, Vijayawada - 52O0iO.' .,.RESPONDENTS

Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a Writ of Mandamus, or any other appropriate writ, order or direction, declaring the action of the respondents in not initiating any action pursuant to Petitioner's Representations dated 24.2.2025, 3.4.2O24 and 17 .10.2023 for releasing the Petitioner's retirement benefits inspite of furnishing information about the closure of the case Ep No.1 1t2009 in oS No.2i12007 on 22.4.2o10 by the Hon'ble senior civir Judge, Avanigadda, Krishna District, as illegal, arbitrary and unconstitutional and further direct the Respondents to release the Petitioner's retirement benefits as per law and Rules by considering the Representations dated 24.2.2025, 3.4.2025 and 17 .10.2023 IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated intheaffidavitfiledinsupportofthepetition,theHighcourtmaybepleasedto grant interim direction directing the Respondents 1 to 4 to immediately take actionbyconsideringthePetitionersRepresentationsdated24.2.202S,3,4.2o2S and 17.10 2023, pending disposal of the above writ petitibn Counsel for the Petitioner: SRl. RAMAKOTAIAH KANDALA Counsel for the Respondent No. 1: Ms' M' SHALINI' GP FOR SERVICES ll Counsel for the Respondent No.2: SRI A' RAGHURAM AGP FOR STATE OF ANDHRA PRADESH Counsel for the Respondent No.3: SRI P RAJASHEKAR REDDY, SC FOR TSPSC Counsel for the Respondent No.4: SRI MALLIKARJUN ' SC FOR ANDHRA PRADESH The Court made the following: ORDER T EH B T IE STI S H IN HE ON' SRI AND I M. HI D Wri t Petitio n No.21106 ot 2025 Otder Heard Mr. Ramakotaiah I(andala, lcarned counsel for the petitioner; Ms. M.Shalini, lcarned Gc.rvernment pleader for Sen,iccs II appearing [or respondenr No.1; Mr. ,\.ltaghuram, learncd Assistant (lovcrnmcnt pleader lcrr the Starc oI Andhra Praclcsh appearing for rcspondcnr No.2; and Mr. p.Rajashckar l{eddy, Iearned Standing Counsel for Telangana State public Semicc Commission appcadng for respondent No.3.

2. Peutioner seeks ar apProprl2te wflt or a direictron asalnst the respondents in not taking an1, action pul.sllant to l'ris reprcsenrarions darccl 24.02.2025, 03.04.2024 and 17.1,0.2023, for rclease of his rctrremenr bencfirs in spite of lurnishing information about the closute o[ Exccution Petition No.11 of 2009 in O.S.No.21 of 20Ol before the leatned Senior Civil Judge, Avanigadda, Iftishna District, as ( I 2 illegai and atbitrarv. Petitior.rer has prayed for a dirccuon upon the respondents to rclease his rctirement bencfits as pcr lar'v' 3 Accorcling to the Petitioncr, hc relrrecl on 31, .12.2007 disciplinarr, cnquqy rvas initiated against him rvhile in serwice as Dcpuq,' Secrctarv of the Andhra Pradcsh Publc Serwicc Commissior-r in thc ,vear 2008. Thc enqulfl/ report dated 29.1,2.2011 hcld thc charges against him as not ptoved Irurther action was dropped lzrlr G.O.ILt.No.829 GA (Services A) Dcpartmcnt dated 19.02.2013. Pending such enquiry, his retiremcnl bcncfits rvere rvithheld but they have not been relcased cven aftet cltopping of cl'rarges. Mcrrnrvhile, the rcspondents infonned hirn that becausc o[ pendency o[ F,xecution Peution No.11 of 2009 ln O.S.No.21 of 2007, I i pending befote the lcatned Se nior Civil .| Lrdgc, Avanigadda, I(rishna Dis trict, in which thc petitioner was a judgme nt dcbtor, the re[ircment benchts wcrc not being rcleased. t I I 3

4. According to the petitioner, Execution petition No.11 of 2009 has been closed uide orcler dated 22.04.2010. f,his has becn broughr ro thc noticc of respondents No.3 anr) 4 uile representarion dated 24.02.2025, bur till dare, rhe retrrement bcnefits of the peduoncr have not been rcleased. Thcrefore, he has approachcd this Court.

5. 1'he pctitioner was sefirlng as Deputl. Secretary respondcnt No.4- Commission

6. Learned counsel For the petitioner submrts that the grievance of the petiuoncr can bc rcdtessed by respondcnt No.3. 'Ihe service records arc lying with respondenr No.3 srnce he reured before rhe bifurcation o[ the parent Statc. F{c prays thar appropriarc direction may be issued Lrpon respondcnt No.3 to take a decision on his rcpresentation. 7 Lcarned counsci For respondent No.2 submits that, at the hrst instancc, the claim for rclease of redrement bencfits of the petiuoner, who ret_ired bcfore bifurcauon of the parent 1 I 4 , State, has to bc rcdtcssed by respondent No 3' Ilowcver, apportionment ol liability amongst rcspondents No 3 and 4 has to be tnade as pcr the arrangements arrlvecl at uflder tht: Andhra Pradesh Reorsanisatlon Act, 2014 8 In that vicw of thc matter, Petitioner shall make a lresh represcntation before respondent No.3 togcthet \\'rth all supporting d<rcuments and ordcr dlLted 22'04'2010, b,v rvhich Execution Pctiuon No.1 1 ol 2009 has bcen closcd, for redressal of his claim towards rctirement bcnefits, within a pcriod of [wo weeks. On such represcntation bcing made, responclcnt No.3 shall takc a clecisiotr thercon in accordance with larv, within a period ol six tvccks thercaftcr'

9. It is made clear that wc have not gone into thc mcrits of the case.

10. Accotdrngly, thc instant Writ Petition rs drsposcd of' No costs. 'l ) As a sequel, miscellancous petr[ons, pending if any, stand closed //TRUE COPY// SD/. A.H.S. GOWRI SHANKAR ASSISTANT REGISTRAR secrNkircen To, T.S.,Hyderabad. Rndtrra Prbdesh, Secr6tariat, Amaravathi' l.ThePrincipalsecretary.GeneralAdministrationDepartment.Secretariat' 2. The Principal Secretary - General Administration Department' Government of - I ri'iJ"'5""i.trrv,'r"rrng;*nl' st"t"-CJutrc,Qeryice commissioner' TSPSC " e;iioino.-e"iirje canonY arravan, Nampally, Hyderabad o iti"b3.r""iJ,"e"'oliii #"iJ"h' stitJ piori"' service commissioner, HoDs ' auifOinq. Z-"d Fioor, MG Road, Vijayawada - 520010' s. 6;;bd't" sniirhrrrrAroiAind xnruonlA,. Advocate toPUCl 6. Two CCs to cp FoRxNijiiiin prinoEsn, Hish court fdr the State of ? +;;'ic;]b-'cil F-oR 6"EhviLS rr,riisn court for the state of Telansana at 8. iii;-bC 6 SRi. i'. nnLnsueKAR REDDY, sq f-oR rsPSC-[oP^u-c] ^. , o;; ca i; sRi. HlAllrxnnLuN, sc FoR ANDHRA PRADESH [oPUC] 10. Two CD CoPies Telanqana, at HYderabad [OUTI Hvderabad [OUT] B IVI LS HIGH COURT DATED:1210812025 , .. ,_) ],,, \ ,:! '\.- ': - "i'. 1O SEP fltr /i-.^ iit::,-..:-;--j-- * ORDER WP.No.21106 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,/+ 4 ,,+ /, ,