Andhra Pradesh High Court - Amravati
Padathula Veerababu vs The Government Of India on 31 July, 2025
APHC010299532024
IN THE HIGH COURT OF ANDHRA
PRADESH
[3460]
AT AMARAVATI
(Special Original Jurisdiction)
THURSDAY,THE THIRTY FIRST DAY OF JULY
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
WRIT PETITION NO: 15226/2024
Between:
1. PADATHULA VEERABABU, S/O P APPALASWAMAY
HINDU, MALE, AGED ABOUT 74 YEARS. RETIRED AS
DGM WITH EMP.NO.102176, R/O-HIG-1-169, VUDA
PHASE-7, KURMANNAPALEM, VISAKHAPATNAM-
530046.
2. HA. VASANATHA,, W/O T.K. NAGA BHUSHANA, HINDU,
FEMALE, AGED ABOUT 75 YEARS. RETIRED AS DGM
(D AND E) WITH EMP.NO. 10447 R/O- D.NO. 30,
STAGE, INDUSTRIAL SUBURB, VISWESWARA NAGAR,
MYSURU - 570008.
3. MOTHALI VENKATA RAMA SARMA, S/O MS. RAMA
SASTRI HINDU, MALE, AGED ABOUT 78 YEARS,
RETIRED AS ED (CA AND S) WITH EMP.NO.L00588,
R/O- BLOCK 10, FLAT NO.908, MY HOME AVATAR,
NARSINGI, HYDERABAD, 500089.
4. PALLA VIJAYA LAKSHMI,, W/O P RAMA CHANDRA RAO
HINDU, FEMALE, AGED ABOUT 75 YEARS. RETIRED
AS MANAGER WITH EMP.NO. 100126, R/O- D.NO- 14-
11-7/A, RAMAJIGIPETA, MAHARANI POST,
VISAKHAPATNAM-530002..
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5. MANGIPUDI VIJAYA LAKSHMI, W/O HANUMATHA RAO,
HINDU, MALE, AGED ABOUT 73 YEARS. RETIRED AS
GENERAL MANAGER WITH EMP.NO. 101498, R/O-
FLAT NO.114, SAI HOMES APARTMENT, BEHIND
DHARANI APARTMENTS, RAMAKRISHNA NAGAR,
GOPALAPATNAM, VISAKHAPATNAM-530027.
6. T SAMBA SIVA RAO, S/O T NAGENDRUDU, HINDU,
MALE, AGED ABOUT 75 YEARS. RETIRED AS DGM
WITH EMP.NO. 112477, R/O- E-405, JEEVAN VISAKHA
APARTMENTS, MMTC COLONY, SEETHAMMADHARA,
VISAKHAPATNAM, 530022.
7. SWAPAN GHOSH DASTIDAR, S/O DMG DASTIDAR,
HINDU, MALE, AGED ABOUT 76 YEARS. RETIRED
DGM WITH EMP.NO. 102413, R/O-MOHAN TOWER, 288
- CHAULPATTI ROAD, BELEGHATA, KOLKATA -
700010.
8. P.V.S. PRASADA RAO, S/O PVS MURTHY, HINDU,
MALE, AGED ABOUT 78 YEARS. RETIRED AS DGM
WITH EMP.NO.L02413, R/O-E.102, MY HOME BOOJA,
NEAR BIODIVERSITY PARK, RAYADURGAM,
HYDERABAD - 500081.
9. ADDALA DURGA RAO, S/O A SATYANARAYANA,,
HINDU, MALE, AGED ABOUT 77 YEARS. RETIRED
MANAGER WITH EMP.NO. 100221, R/O-D.NO.2-55/10,
SRI BALAJI ESTATES, NEAR RICE FACTORY,
BATNAVILLI, AMALAPURAM, 533222
10. SIGAM SETTY SITARAMAIAH, S/O SSV NARASAYYA,
HINDU, MALE, AGED ABOUT 71 YEARS. RETIRED GM
WITH EMP.NO. 102688, R/O.JADE 1212, MY HOME
JEWEL, MADINAGUDA, HYDERABAD - 500049.
11. MARUVADA PADMAJA,, W/O MK SARMA, HINDU,
MALE, AGED ABOUT 73 YEARS. RETIRED DY.
MANAGER WITH EMP.NO. 101536, R/O-FLAT NO.403,
3
LOTUS AJANTHA, NEAR MERIDIAN SCHOOL, 6TH
PHASE, KPHB, HYDERABAD - 500072.
12. AJOY KUMAR BANERJEE, S/O BISVSWAR BANERJEE
HINDU, MALE, AGED ABOUT 78 YEARS, RETIRED
ED(PROJECTS) WITH EMP.NO. 100487, R/O-D.NO.9-
14-11/13, FLAT NO.D-3, BR PRINCETON APARTMENT,
VIP ROAD, CBM COMPOUND VISAKHAPATNAM -
530003.
13. MALAY KUMAR BANDYOPADHYAYA,, S/O MK
BANERJEE, HINDU, FEMALE, AGED ABOUT 78YEARS,
RETIRED AS GM, WITH EMP.NO. 101505, R/O-
D.NO.50-17-27/13, BHAVA ENCLAVE-2, RAJENDRA
NAGAR, NEAR PRISM COLLEGE, VISAKHAPATNAM -
530016.
14. DILIP KUMAR DAS, S/O NIBARAN CHANDRA DAS
HINDU, FEMALE, AGED ABOUT 78 YEARS, RETIRED
GENERAL MANAGER WITH EMP.NO. 102259, R/O-
BLOCK-D, FLAT G-5, SIVAJI NAGAR,
KURMANNAPALEM, VISAKPATNAM 530046..
15. KODUKULA VENKATA SAI VIJAYASAN, S/O K.V.
RAMANA MURTHY, HINDU, MALE, AGED ABOUT 71
YEARS, RETIRED DGM WITH EMP.NO. 105197, R/O B-
203, KSR GREEN VALLY APARTMENTS,
MADHAVADHARA, VISAKHAPATNAM - 530018.
16. K.V.S. RAMA MOHAN RAO, S/O KOMPELLA CHINNA
VENKATACHALEM, HINDU, FEMALE, AGED ABOUT 72
YEARS, RETIRED ASST.GM, WITH EMP.NO.L01365,
R/O- D.NO.23-141, PLOT NO.L41, SRI SURYA TULASI
NAGAR, P.M.PALEM, MADHURAVADA,
VISAKHAPATNAM - 530041.
...PETITIONER(S)
AND
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1. THE GOVERNMENT OF INDIA, MINISTRY OF HEAVY
INDUSTRIES AND PUBLIC ENTERPRISES,
DEPARTMENT OF PUBLIC ENTERPRISES REPT. ITS
DIRECTOR, PUBLIC ENTERPRISES BHAVAN, BLOCK
NO. 14, CGO COMPLEX, LODI ROAD, NEW DEHI -
110003.
2. GOVERNMENT OF INDIA, MINISTRY OF STEEL, REPT.
BY ITS UNDER SECRETARY (VSP), UDYOG BHAVAN,
NEW DELHI.
3. RASHTRIYA ISPAT NIGAM LIMITTED RINL, REPT. BY ITS
CHAIRMAN AND MANAGING DIRECTOR,
VISAKHAPATNAM STEEL PLANT (VSP),
VISAKHAPATNAM.
4. THE DIRECTOR PERSONNEL, RASHTRIYA ISPAT
NIGAM LIMITTED, VISAKHAPATNAM STEEL PLANT
(VSP), VISAKHAPATNAM.
...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 tomay be pleased to issue any writ
order or direction more particularly one in the nature of writ of
mandamus or appropriate writ lo deelare the action of the
Respondents in non-payment of PRP (Performance Related
Pay) to the Petitioners during the financial years 2009-10, 2010-
11, 2011-12, 2012-13 and 2013-14 is illegal and arbitrary. 1) 2)
declare the action of the respondents more specifically
Respondents No.3 and 4 in not paying the employer contribution
to RINL pension (defined contribution) scheme is wholly illegal,
arbitrary and unjust. declare that the HR Policy Circular 15/20
dated-31-07-2020 which not retrospective is not applicable in so
far as the petitioners who were retired from their services from
2007 to November 2013. 4) declare that, the Respondents are
liable to pay employer contribution to RIN Pension (Defined
Contribution) along with interest without affecting any adjustment
5
/set of leave encashment availed by the Petitioners at the time
of retirement, declare that the Respondents liable to pay PRP
amounts without affecting any recovery of the leave encashment
availed by the Petitioners at the time of their retirement as per
the office order dated-30- 12-2013. 6) declare that the payments
made towards leave encashment to the Petitioners prior to
December, 2013 are proper and within the approved rules as on
the date 7) direct the Respondents to release the payment of
PRP (Performance Related Pay) for the years 2009-10 to 2013-
14 per eligibility to the Petitioners with interest and costs without
reference to the recovery of the encashment of the leaves paid to
the employees at the time of their retirement 8) direct the
Respondents to pay the employer contribution to RINL Pension
(Differed Contribution) Scheme without reference to HR Policy
Circular No. 15/2020 dated-31-07-2020. Or 9) to pass
IA NO: 1 OF 2024
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 respondents to release the payment of Performance Related
Pay (PRP) from the financial years 2009-10 to 2013-14 without
reference to any recovery forthwith pending disposal of this writ
petition and to pass
Counsel for the Petitioner(S):
1. MURALI LINCOLN
Counsel for the Respondent(S):
1. C V R RUDRA PRASAD (CENTRAL GOVT COUNSEL)
2. V SUBRAHMANYAM
The Court made the following:
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THE HON'BLE SRI JUSTICE NYAPATHY VIJAY
W.P.No.15226 of 2024
ORDER:
The present writ petition is filed declaring the action of the Respondents (i) in not paying the PRP to the Petitioners during the financial years 2009-10, 2010-11, 2011-12, 2012-13 and 2013-14; (ii) in not paying the employer contribution to RINL pension scheme; (iii) to declare that HR policy circular 15/20 dated 31.07.2020 is not applicable to the Petitioners; (iv) to declare that the Respondents are liable to pay employer contribution to RINL Pension along with interest without affecting any adjustment/set of leave encashment availed by the Petitioners at the time of retirement; (v) to declare that the Respondents are liable to pay PRP amounts without affecting any recovery of the leave encashment availed by the Petitioners at the time of their retirement as per office order dated 30.12.2013;
(vi) to declare that the payments made towards leave encashment to the Petitioners prior to December, 2013 are proper and within the approved rules; (vii) direct the Respondents to release the payment of PRP for the years 2009-10 to 2013-14 as per the eligibility with interest and costs and (viii) direct the Respondents to pay the employer contribution to RINL Pension 7 scheme without reference to HR Policy Circular No.15/2020 dated 31.07.2020 as illegal and arbitrary.
2. Learned counsel for the Petitioners as well as learned standing counsel for the Respondents would submit that the issue involved in this Writ Petition is squarely covered by the order dated 29.12.2022 passed by this Court in W.P.No.32634 of 2016 and requested to pass a similar order in this Writ Petition also.
4. In view of the same, this Writ Petition is also disposed of in terms of the order, dated 29.12.2022 passed by this Court in W.P.No.32634 of 2016. There shall be no order as to costs.
5. Registry is directed to attach the copy of the order, dated 29.12.2022 passed by this Court in W.P.No.32634 of 2016 to this order.
As a sequel, the miscellaneous petitions if any shall stand dismissed.
___________________ NYAPATHY VIJAY, J Date: 31.07.2025 KLP