APHC010189362026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3208]

(Special Original Jurisdiction)

FRIDAY,THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 9569/2026 Between:

1. Y EDLA SATYANARAYANA, S/O. MODI NAIDU, AGED 70 YEARS, OCC RETIRED PRINICIPAL R/O. 23-24, GANESH COLONY, SRINIVASA NAGAR, VISAKHAPATNAM RURAL, VISAKHAPATNAM.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS SPL. PRINCIPAL SECRETARY SKILLS DEVELOPMENT AND TRAINING DEPARTMENT, A.P SECRETARIAT, IV BLOCK, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT- 522202

2. D IRECTOR OF EMPLOYMENT AND TRAINING, VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH-520017 ...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 any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in initiating and continuing disciplinary proceedings in pursuance G.O.Ms.No.4 dated 18-01- 2024 and G.O.Ms. No.5 dated 18-01-2024 issued by the 1^st respondent and thereby withholding the retiremental pensionary benefits is illegal, arbitrary and violation of Article 14 and 21 of the Constitution of India and in contravention to Rule (9) (2) (b) (ii) of A.P Revised Pension Rules, 1980 and the clarification issued under circular Memo No.993083/FIN01-HR01-HR 0CLI/9/2019-HR-III, Finance (HR. Ill-Pension) Department dated 15-03-2020 and to consequently set aside the same and further direct the respondents to release the retirement benefits by regularizing the period of suspension and to pass 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 to suspend the G.O.Ms. No.4 dated 18-01-2024 and G.O.Ms. No.5 dated 18-01- 2024 issued by the 1st respondent pending disposal of the writ petition and to pass Counsel for the Petitioner:

1. V V SATISH Counsel for the Respondent(S):

1. GP FOR SERVICES I The Court made the following order:

This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

“to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in initiating and continuing disciplinary proceedings in pursuance G.O.Ms.No.4 dated 18-01-2024 and G.O.Ms. No.5 dated 18-01-2024 issued by the 1^st respondent and thereby withholding the retiremental pensionary benefits is illegal, arbitrary and violation of Article 14 and 21 of the Constitution of India and in contravention to Rule (9) (2) (b) (ii) of A.P Revised Pension Rules, 1980 and the clarification issued under circular Memo No.993083/FIN01-HR01-HR 0CLI/9/2019-HR-III, Finance (HR. Ill- Pension) Department dated 15-03-2020 and to consequently set aside the same and further direct the respondents to release the retirement benefits by regularizing the period of suspension and to pass”

2. With the consent of both the learned counsel for the petitioner and learned Government Pleader for Services-I, the matter is being disposed of at the admission stage.

3. Petitioner retired from service on 31.07.2016 in the post of Principal, Government I.T.I, Gajuwaka, Visakhapatnam District. After retirement, by G.O.Ms.No.04, Skills Development and Training (E&T.A2) Department, dated 18.01.2024, has given sanction in terms of Rule 9(2)(b)(i) of A.P. Revised Pension Rules, 1980 read with Cir.Memo.No.993083/Fin01-HR0CLI/9/2019- HR-III, dated 15.03.2020 to initiate departmental proceedings against the petitioner by framing articles of charges. The sum and substance of the aforesaid articles of charge were that petitioner has acquired certain immovable properties during his service from 1980 to 2001, 2004 and 2013, which were done without prior permission, thereby he has contravened the servi