Andhra Pradesh High Court - Amravati
Cherakani Venkata Ramana vs The Government Of India on 31 July, 2025
APHC010445902023
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: 23064/2023
Between:
1. CHERAKANI VENKATA RAMANA, S/O CH KONDAYYA,
HINDU, MALE, AGED ABOUT 70 YEARS, RETIRED AS
SR. MANAGER WITH EMP.NO.100077, R/O. D.NO.49-
54-7, FLAT NO.201, RR RESIDENCY, SEETHAMMA
DHARA NORTH EXTN., VISAKHAPATNAM-530013.
2. SILAPARASETTY RAYAPPA RAJU,, S/O S. PRAKASAM,
HINDU, MALE, AGED ABOUT 70 YEARS, RETIRED AS
SENIOR MANAGER WITH EMP.NO.100145, R/O.
GROUND FLOOR, SRIVARSHINI RESIDENCY,
SEETHAMMDHARA JUNCTION, APSEB COLONY,
VISAKHAPATNAM - 530013.
3. R.V. PRASAD,, S/O R.V. RAMANA MURTHY, HINDU,
MALE, AGED ABOUT 72 YEARS, RETIRED AS
MANAGER WITH EMP.NO.100146, R/O. D.NO.8-27,
PRASANTHI NAGAR, PORT COLONY, PENDURTHY,
VISAKHAPATNAM -530013.
4. V. SANYASI RAO,, S/O V. APPARAO, HINDU, MALE,
AGED ABOUT 72 YEARS, RETIRED AS MANAGER
WITH EMP.NO.100150, R/O. 2ND FLOOR, D.N.49-53-20-
22, DIVYA SAKTHI NAGAR, BALAYYA SASTRY LAY
2
OUT, VISAKHAPATNAM-531173.
5. BIRUDUGADDA GNANA SUNDARAM,, S/O B. SUNDARA
RAO, HINDU, MALE, AGED ABOUT 72 YEARS,
RETIRED AS MANAGER WITH EMP.NO.100163, R/O.
PLOT NO.226, VISALAKSHI NAGAR, VISAKHAPATNA- -
530013.
6. MOTAPOTHU SRINIVASA RAO., S/O. M. SLIBBA RP-
HINDU, MALE, AGED ABOUT 70 YEARS, RETIRED AS
SR. MANAGER WITH EMP.NO.100274, R/O.D.NO.3-28-
917, SAI NAGAR, M.R. PETA, TUNI - 533401.
7. YELLAMALLI RAJESWARA RAO,, S/O Y. RAJA RAO,
HINDU, MALE, AGED ABOUT 72 YEARS, RETIRED
MANAGER WITH EMP.NO.100308, R/O. H.NO.4-130/2,
KUKKAVARIPETA, RAZOLE MANDAL, RAZOLE,
KONASEEMA DISTIRCT - 533242
8. K.S. SHANKAR,, S/O S.R. SATYAMURTHY, HINDU,
MALE, AGED ABOUT 73 YEARS, RETIRED AS
DIRECTOR WITH EMP.NO.100454, R/O.H.NO.46D,
SEETAMMAL ROAD, ALWARPET, CHENNAI - 600018.
9. A.V. RAMANAIAH,, S/O. V. VENKANNA, HINDU, MALE,
AGED ABOUT 74 YEARS, RETIRED GM WITH
EMP.NO.100490, R/O. FLAT NO.501, SRINIDHI
ORCHID-2, PRASANTHI NAGAR, DOCTORS COLONY,
PEDDA WALTAIR, VISAKHAPATNAM - 530017.
10. KESHABANANDA LASKAR,, S/O U CH LASKAR, HINDU,
MALE, AGED ABOUT 71 YEARS, RETIRED DGM WITH
EMP.NO.100513, R/O. FLAT NO.203, VIZAG PROFILE
TOWER, KURMANIPALEM, VISAKHAPATNAM -530046.
11. P. RAMA CHANDRA RAO,, S/O P.V. CHALAM, HINDU,
MALE, AGED ABOUT 70 YEARS, RETIRED DY.
MANAGER WITH EMP.NO.100599, R/O. D.NO.23-10-8,
PLOT NO.101, RJAPPANAIDU STRCCT, GVR
3
RESIDENCY, VISAKHAPATNAM - 530001.
12. UNDU GANGADHARA RAO,, S/O U SUBBA RAO,
HINDU, MALE, AGED ABOUT 70 YEARS, RETIRED
DGM WITH EMP.NO.100634, R/O. D.NO.31-57-10, SRI
SAI GANESH NAGAR, KURMANNA PALEM,
VISAKHAPATNAM 530046.
13. N. HARI KUMARI, , W/O NAIDU APPA RAO, HINDU,
FEMALE, AGED ABOUT 71 YEARS, RETIRED
MANAGER, WITH EMP.NO.100652, R/O.D.NO.30-82-
1/27, ROAD NO.3, THIRUMALA. NAGAR, VADLAPUDI,
VISAKHAPATNAM 530046.
14. RAJINDER KAUR KALSI, , W/O DALBIR SINGH KALSI,
HINDU, FEMALE, AGED ABOUT67 YEARS, RETIRED
GENERAL MANAGER WITH EMP.NO.100662, R/O.A3,
DYANANDA COLONY, LAJPATNAAR 4, NEW DELHI -
110024.
15. M HARINATH BABJI,, S/O M SUBRAHMANYAM, HINDU,
MALE, AGED ABOUT 70 YEARS, RETIRED MANAGCR
WITH EMP.NO.100703, R/O HIG-177, VUDA PHASE-7,
DWARAKAPURI, KAANAPALI, VISALCHAPNTNNM -
530019
16. TEKI CHANDRA KUMARI,, W/O T. JAGAN MOHAR RAO,
HINDU, FEMALE, AGED ABOUT 72 YEARS, RETIRED
MANAGER, WITH EMP.NO.100908, R/O 1- 1302
APARANA CYBER LIFE NALLAGANDLA
SERILINGAMPALLY RR DISTRICT TELANGANA 500019
17. DUGGRAJU RAMACHANDRA RAO,, S/O D MEERAIAH,
HINDU, MALE, AGED ABOUT 70 YEARS, RETIRED
MANAGER WITH EMP.NO.100997, R/O. D.NO.49-54-7,
BS LAY OUT, SEETHAMMADHARA, VISAKHAPATNAM -
530013
18. YELLA PRABHAKARA APPAJI,, S/O Y APPALA RAJU,
4
HINDU, MALE, AGED ABOUT 70 YEARS, RETIRED DY.
MANAGER WITH EMP.NO.100999, R/O. D.NO.49-54-
11/A, FLAT NO.302, CHANDU'S KANTA BHUSHANAM
TOWERS, NEAR RAGHAVENDRA HOSPITAL,
SEETHANUNADHARA, VISAKHAPATNAM 530013.
19. J. HARANADH BABA,, S/O J. YAGNA NARAYANA,
HINDU, MALE, AGED ABOUT73 YEARS, RETIRED DGM
WITH EMP.NO.114026, R/O.D.NO.26-31-78, BEHIND
SUBRAHMANYESWARA TEMPLE, RAJUPALEM (PO)
JNP, ANAKAPALLE -531019.
20. SURAVARAPU PRASADA RAU,, S/O SA. KAMESWARA
RAO, IIINDU, MALE, AGED ABOUT 70 YEARS,
RETIRED DGM WITH EMP.NO.101418, R/O. C-89, FLAT
NO.A.1 VORA TOWERS, MADHURANAGAR,
HYDERABAD -500038.
21. PEMMA RAJU GOPALA KRISHNAIAH,, S/O P.V.S.N.
MURTHY, HINDU, MALE, AGED ABOUT 73 YEARS,
RETIRED DY.MANAGCR WITH EMP.NO.101434, R/O.
VILLA 100, GRAN CARMEN ADDRESS, SARJAPURA
ROAD, BANDALORE 560013.
22. G SIMSON, , S/O, A GRANATHIKKAM AND HINDU,
MALE, AGED ABOUT 73 YEARS, RETD. GM WITH
EMP.NO.102123, R/O. 135/70/K2, NEW STREET,
TORUPPATTUR, SIVA GANGA DISTRICT, TAMIL NADU
630211.
23. ALLURI VENKATAPATHI RAJU, , S/O A. NARAYANA
RAJU, HINDU, MALE, AGED ABOUT 73YEARS, RETD.,
DGM (SERVICES) WITH EMP.NO.102175, R/O. 55-14-7,
APSEB COLONY, SEETHAMMADHARA,
VISAKHAPATNAM 530013.
24. GUNDALA VIJAYA, , S/O G. RAMESH KUMAR, HINDU,
MALE, AGED ABOUT 70YEARS, RETD., MANAGER,
WITH EMP.NO.102345, R/O. FLAT NO.204, SAIRAM
5
APARTMENTS, BEHIND HOTEL GRAND BAY,
MAHARANIPETA, VISAKHAPATNAM 530002.
25. VADDI SATESWARA RAO,, S/O V APPALA SWAMY
NAIDU, HINDU, MALE, AGED ABOUT 74 YEARS,
RETD., DY. MANAGER, WITH EMP.NO.102348, R/O. FF-
1, D.NO.54-12-17/15/3, SARI SRINIVASA SADAN
APARTMENTS, BHANU NAGAR, NRDR VS KRISHAN
(HB COLONY) VISAKHAPTNAM 530002.
26. MADABATHULLA RAMA RAO,, S/O. M APPALASWAMY,
HINDU, MALE, AGED ABOUT 73 YEARS, RETD., DM,
WITH EMP.NO.102525, R/O. D.NO.20-107-5, KOTHA
AGRAHARAM, VISAKHAPATNAM -530001.
27. VVR MURTHY,, S/O. V KAMAESWARA SARMA, HINDU,
MALE, AGED ABOUT 73 YEARS, RETD., SR.
MANAGER, WITH EMP.NO.103447, R/O. D.NO. 102-K,
COMFORT HOMES,
PURUSHOTHAMPURAM,VISAKHAPATNAM -530051
28. ARM RAO,, S/O A SESHAGIRI RAO, HINDU, MALE,
AGED ABOUT 75 YEARS, RETD., DGM, WITH
EMP.NO.106577, R/O. D.NO.47-13-4, 5TH LANE,
DWARAKA NAGAR, SHANKARAMATAM ROAD,
VISAKHAPATNAM -530016.
29. GS GHODE,, S/O SB GHODE, HINDU, MALE, AGED
ABOUT 75 YEARS, RETD., AGM, WITH EMP.NO.107411,
R/O. 61, SRI GAJANANA LOKAMANYA NAGAR,
INDORE, MADYA PRADESH -452009.
30. THADI PRABHAKAR RAO,, S/O TK SWAMMY, HINDU,
MALE, AGED ABOUT 73 YEARS, RETD., ED (WORKS)
WITH EMP.NO.107622, R/O. E-96, PANCHAVATI
COLONY, AKKIREDDYPALEM, VISAKHAPATNAM -
530012.
31. VINUKONDA SUBRAHMANYAESWARA RAO,, S/O VV
6
NAARASINGA RAO, HINDU, MALE, AGED ABOUT 75
YEARS, RETD., GM (SAFETY), WITH EMP.NO.108053,
R/O. 303, 3RD FLOOR, PLOT 26, 27, JEWEL KRISHNA,
SS LAY OUT, NALLAGANDLA, OPP. REVOVE CLINI,
SERILINGAMPALLY, LINGAMPALLY - 500019.
32. RV SATYANARAYANA,, S/O R APPA RAO, HINDU,
MALE, AGED ABOUT 75 YEARS, RETD., DGM, WITH
EMP.NO.108058, R/O. B-4, MY HOME GARDENIA, NH
16 ROAD, TANUKU 534211.
33. SURABATTULA RAFENDRA PRASAD,, S/O MURALI
DHARA RAO, HINDU, MALE, AGED ABOUT 73 YEARS,
RETD., GM, WITH EMP.NO.113012, R/O. FLAT 2K, B
BLOCK, PAVAN MIDWAY RESIDENCY, SHEELA
NAGAR, VISAKHAPATNAM - 530012.
34. HARMINDER SINGH CHHATWAL,, S/O SOHAN SINGH,
HINDU, MALE, AGED ABOUT 76 YEARS, RETD.,
DIRECTOR, WITH EMP.NO.118794, R/O. K 47, FATHEH
NAGAR, NEW DELHI - 201014.
35. PRADIP KUMAR BISHNOI,, S/O OM PRAKASH
BISHMOI, HINDU, MALE, AGED ABOUT 72 YEARS,
RETD., CMD, WITH EMP.NO.119927, R/O. 01031 ATS,
ADVANTAGE, INDIRAPURAM, GHAZIABAD - 201014.
...PETITIONER(S)
AND
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,
7
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 topleased to issue any writ order or
direction more particularly one in the nature of writ of mandamus
or appropriate writ to .- 1) declare 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. 2) declare the
action of the respondents more specifically Respondents No.3
and 4 in not paying the employer contribution to RINL pension
(defmcd contribution) scheme is wholly illegal, arbitrary and
unjust. 3) declare that the HR Policy Circular 15/20 datcd.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 RINL Pension (Defined Contribution)
along with interest without affecting any adjustment /set of leave
encashmcnt availed by the Petitioners at the time of retirement.
5) 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 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
8
(Performance Related Pay) for the years 2009-10 to 2013-14 as
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 2023
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 pleased to direct the
respondents 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 the above
writ petition and pass
Counsel for the Petitioner(S):
1. MURALI LINCOLN
Counsel for the Respondent(S):
1. M UMA DEVI (CENTRAL GOVT COUNSEL)
2. T V S PRABHAKARA RAO
3. V SUBRAHMANYAM
The Court made the following:
9
HON'BLE SRI JUSTICE NYAPATHY VIJAY
W.P.No.23064 of 2023
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 10 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