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Andhra Pradesh High Court - Amravati

Smt. B. Marlyamma vs The State Of Andhra Pradesh on 16 April, 2026

 APHC010051992014

                      IN THE HIGH COURT OF ANDHRA PRADESH
                                    AT AMARAVATI                                [3457]
                             (Special Original Jurisdiction)

                     THURSDAY,THE SIXTEENTH DAY OF APRIL
                         TWO THOUSAND AND TWENTY SIX
                                   PRESENT
                    THE HONOURABLE SRI JUSTICE HARINATH.N
                          WRIT PETITION NO: 41049/2014
Between:
    1. SMT. B. MARLYAMMA, W/O. K. RAVINDRA BABU, AGED ABOUT 60
       YEARS, OCC: RETIRED SECONDARY GRADE TEACHER, D.NO. 20-3/1-
       61, AYODHYA NAGAR, VIJAYAWADA, KRISHNA DISTRICT.
                                                                         ...PETITIONER
                                              AND
    1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
       SECRETARY, EDUCATION DEPARTMENT, SECRETARIAT, HYDERABAD.
    2. THE DISTRICT EDUCATIONAL OFFICER, KRISHNA DISTRICT AT
       MACHILIPATNAM.
    3. THE DEPUTY EDUCATIONAL OFFICER, VIJAYAWADA, KRISHNA
       DISTRICT.
    4. THE CORRESPONDENDENT JAI KISAN STEEL COMPANY, ENGLISH
       MEDIUM SCHOOL, MAIN BRANCH, VIJAYAWADA, KRISHNA DISTRICT.
                                                                   ...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
toto issue an appropriate Writ, Order or Direction, more particularly one in the nature
of Writ of Mandamus, to declare the action of the 2nd respondent in not paying the
full payment of gratuity, commutation amount and pension amount inspite of
petitoner representation dt. 4.6.2014 followed by repeated visits,as being illegal and
arbitrary and consequently directs the respondent authorities to pay the full gratuity,
commutation, pension amount without any recovery, and to grant such other relief or
reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case.
IA NO: 1 OF 2014(WPMP 51404 OF 2014
       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 pass orders
directing the respondent No.2 herein to forthwith consider and pass orders OP the
representation dt. 4.6.2014 pending disposal of the main Writ Petition, in the interest
of justice
Counsel for the Petitioner:
    1. NAMAVARAPU RAJESHWARA RAO
Counsel for the Respondent(S):
    1. GP FOR EDUCATION (AP)
The Court made the following:
                                        2


             THE HONOURABLE SRI JUSTICE HARINATH.N

                    WRIT PETITION No.41049 of 2014

ORDER:

1. The notice addressed to the petitioner was returned unserved with an endorsement that the addressee had left without instructions.

2. The learned Assistant Government Pleader appearing for the respondents submits that the petitioner's proposals for sanction of pension benefits have been forwarded to the concerned officer and that the petitioner has attained the age of superannuation. It is further submitted that the petitioner would be entitled to service pension; however, she would not be entitled to gratuity and commutation, as the post was admitted to grant-in-aid with effect from 01.04.1992. Therefore, the petitioner is entitled to service benefits only from the date on which the post was admitted into grant-in-aid.

3. Recording the above observation, the writ petition is closed. There shall be no order as to costs.

As a sequel, miscellaneous petitions pending, if any, shall stand closed.

____________________ JUSTICE HARINATH.N 16.04.2026 KGM 3 64 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.41049 of 2014 Dated 16.04.2026 KGM