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2026 Supreme(Online)(AP) 21495

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


2026:APHC:20952

APHC010185792026


WRIT PETITION NO: 10565/2026


Between:

1. V V SATYANARAYANA, S/O. V. KRISHNAMURTHY, AGED ABOUT 62 YEARS, OCC. DEPUTY EXECUTIVE ENGINEER (RTD) R/O. PLOT NO.202, SATYA RESIDENCY. MAGANTI VARI STREET, R.R.PET, ELURU, ELURU DISTRICT - 534002

...PETITIONER

AND

1. T HE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, MA AND UD DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT.

2. T HE SUPERINTENDING ENGINEER, PUBLIC HEALTH, RAJAHMUNDRY CIRCLE, RAJAMAHENDRAVARAM, EAST GODAVARI

...RESPONDENT(S):


Counsel for the Petitioner:

1. S SIVA KUMARI

Counsel for the Respondent(S):

1. GP FOR SERVICES I


THE HONOURABLE SRI JUSTICE D RAMESH


TUESDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY SIX

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 topleased to issue an appropriate order, writ or direction, more particularly one in the nature of writ of Mandamus, declaring the action of the Respondents in not sanctioning and releasing the petitioners 80 of Gratuity along with Encashment of Earned Leave as arbitrary, illegal and contrary to the Rule 52(C) of the A.P. Revised Pension Rules, 1980 and also contrary to the Existing G.O. Rt No. 1097 Finance and planning FW Pen I Department dated 22.06.2000 and violative of Article 14,16 and 21 of Constitution of India and consequently direct the respondents to release 80per of Gratuity and Encashment of Earned Leave to the petitioner Pending FIRs in terms of G.O.Rt.No. 1097 dated 22.06.2000 and similar orders passed in WP No. 2221 of 2022, WP No. 2545 of 2020, WP No. 3829 of 2021 and Divisional Bench orders passed in WP No. 30443 of 2016 and 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 may be pleased to direct the respondent to release 80% of Gratuity and Encashment of Earned Leave to the petitioner’s representation dated 12.02.2026, in the interest of justice and pass

The Court made the following:

ORDER:

This writ petition is filed seeking to declare the action of the respondents for not releasing the petitioner’s 80% Gratuity along with Encashment of Earned Leave as arbitrary and illegal and violative of Rule 52(C) of the A.P. Revised Pension Rules, 1980 and also contrary to the existing G.O.Rt.No.1097 dated 22.06.2000.

2. Heard the learned counsel for the petitioner and the 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.6050 of 2021 and the same was disposed on 17.03.2021 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.

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