Andhra Pradesh High Court - Amravati
Nistala Sreenivasa Rao, vs The Government Of India, on 31 July, 2025
APHC010315012023
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: 16144/2023
Between:
1. NISTALA SREENIVASA RAO,, S/O N.S. SASTRY,
HINDU, MALE, AGED ABOUT 70 YEARS, RETIRED AS
DIRECTOR (PROJECTS) WITH EMP.NO.100488, R/O.
FLAT NO.216, C-BLOCK, FORTUNE HEIGHTS, SIVAJI
NAGAR, VISAKHAPATNAM.
2. EDURI SREERAMA MURTHY,, S/O E. BRAHMAJI RAO,
HINDU, MALE, AGED ABOUT 71 YEARS, RETIRED AS
SENIOR MANAGER WITH EMP.NO.100029, R/O.
RAMAMURTHY NAGAR, OLD BANK COLONY,
YELAMANCHILI, ANAKAPALLI DISTRICT.
3. ASHUTOSH SENAPATI,, S/O NITYANANDA SENAPATI,
HINDU, MALE, AGED ABOUT 70 YEARS, RETIRED AS
ED (P AND CS) WITH EMP.NO.100033, R/O. E/12,
NETHALJI SUBHASH ENCLAVE, GADAKANA NEAR KV
NO.3 BHUBANESWAR, ODISHA STATE.
4. ARKALGUD VENKATACHALASEETY RANGANARHA,,
VAC KRISHNASETTY, AGED ABOUT 71 YEARS,
RETIRED AS DGM(F AND A) WITH EMP.NO.100418,
R/O. FLAT NO.205, SIVAJI NAGAR, KURMANNAPALEM,
VISAKHAPATNAM.
2
5. POONA JIYANAN EKKA,, S/O MARTIN EKKA,
CHRISTIAN, MALE, AGED ABOUT 71 YEARS, RETIRED
AS DGM (CONSTRUCTIONS) WITH EMP.NO.100511
R/O. NEW GARDEN, SIROMTOLY, OLD HB ROAD,
RANCHI, JARKAND STATE.
6. RACHAKONDA DEEKSHITULU,, S/O R
PARTHASARATHI, HINDU, MALE, AGED ABOUT 72
YEARS, RETIRED AS GM (PROJECTS) WITH
EMP.NO.100581, R/O. FLAT NO.908, SUMERU, SAKET
SRIYAM TWIN TOWERS, KAPRA, SECUNDERABAD
PALCE, HYDERABAD.
7. BALLINA BHASKARA RAO,, S/O.B. MALLESWARA RAO,
HINDU, MALE, AGED ABOUT 71 YEARS, RETIRED
MANAGER (PERSONAL) WITH EMP.NO.100596, R/O.
D.NO.27-3-97/2, SAMAPATH VINAYAK TEMPLE
STREET, OFFICIAL COLONY, 2, SRINAGAR,
GAJUWAKA, VISAKHAPATNAM.
8. SM ROY BERA,, S/O S.BERA, HINDU, MALE, AGED
ABOUT 71 YEARS, RETIRED DGM ( C) WITH
EMP.NO.100645, R/O. E-301, BLISS, SIPANI BLISS,
THIRUMANGANDAHALLI, NEAR UPKAR GARDEN LAY
OUT, MADIVALLA VILLAGE, MARSUR P.O.,
BENGALURU,
9. S RAMA KRISHNA,, S/O. SENIAPPAN, HINDU, MALE,
AGED ABOUT 73 YEARS, RETIRED AGM(TC) WITH
EMP.NO.100943, R/O. VILLA 26, AARUDHRA ENCLAVE,
ATHIPALAYAM ROAD, SARAVANAMPATTI,
COIMATORE, KERALA STATE.
10. MUMMADAVARAPU SITARAM GUPTA, S/O. M.
SOMESWARA RAO, HINDU, MALE, AGED ABOUT 71
YEARS, RETIRED DGM (F AND A) WITH
EMP.NO.101289, R/O. B BLOCK, G-2, PALACE
HEIGHTS, SIVAJI NAGAR, KURMANNAPALEM,
3
VISAKHAPATNAM.
11. B.V. JAYARAM, S/O BVS PRAKASA RAO, HINDU,
MALE, AGED ABOUT 72 YEARS, RETIRED MANAGER
WITH EMP.NO.101373, R/O. D.NO.50-2-116/3, GANDHI
NAGAR, NAKKAANIPALEM, VISAKHAPATNAM.
12. PRAKASH CHADRA DAS,, S/O. MADAN MOHAN DAS,
HINDU, MALE, AGED ABOUT 69 YEARS, RETIRED GM
(CSM) WITH EMP.NO.101177, R/O. FLAT NO.315,
BLOCK-3, 6 AVENUE, SHREE VIHAR,
CHANDRASEKHARPUR, BHUBANEWAR.
13. RAMESH CHANDRA PAL,, S/O BHAGIRATHI PAL,
HINDU, MALE, AGED ABOUT 74 YEARS, RETIRED GM
(PROJECTS) WITH EMP.NO.100446, R/O. D-203,
PALACE HEIGHTS, SHIVAJI NAGAR,
KURMANNAPALEM, VISAKHAPATNAM.
14. KANNEPALLI SUBBA LAKSHMI,, W/O T.
SATYANARAYANA, HINDU, FEMALE, AGED ABOUT 71
YEARS, RETIRED MANAGER (MM) WITH
EMP.NO.100174, R/O.FLAT NO.206, RAIL VIHAR,
SEETHAMMADHARA, VISAKHAPATNAM.
15. SUSHANTH KUMAR BOSE,, S/O B.B. BOSE, HINDU,
MALE, AGED ABOUT 69 YEARS, RETIRED GM (
PROJECTS ) WITH EMP.NO.100446, R/O FLAT
NO.0506, LANSUM OXYGEN TOWERS, TOWER-A,
D.NO.51-1-1/66/5F/0506, OPP. SFS SCHOOL,
SEETHAMMADHARA, VISAKHAPATNAM.
16. T.K. DALAL,, S/O. B.P. DALAL, HINDU, MALE, AGED
ABOUT 75 YEARS, RETIRED DGM (PROJECTS) WITH
EMP.NO.102244, R/O. G-4, E BLOCK, SIVAJI NAGAR,
KURMANNAPALEM, VISAKHAPATNAM.
17. KURELLA CHANDRA SEKHAR,, S/O. K RAMALINGA
SASTRY, HINDU, MALE, AGED ABOUT 69 YEARS,
4
RETIRED SR MANAGER (PERSONNEL) WITH
EMP.NO.100111, R/O. D.NO.39-21-27/1/1,
VIDYANAGAR, MADHVADARA, VISAKHAPATNAM.
18. ORUGANTI RAMA KRISHNA RAO,, S/O. ON SHARMA,
HINDU, MALE, AGED ABOUT 71 YEARS, RETIRED
MANAGER (PERSONNEL) WITH EMP.NO.101099, R/O.
D.NO.6-95/3, KRISHNARAYAPURAM, NEAR COLLEE OF
AST, VEPAGUNTA POST, VISAKHAPATNAM.
19. ALLADA VENKATA RAMANA,, S/O.A VISWANATHAM,
HINDU, MALE, AGED ABOUT74 YEARS, RETIRED DGM
WITH EMP.NO.114026, R/O. PLOT NO.60, D. NO.31-50-
10/60, LN GARDENS, STBL PROJECTS, KAPU
JAGGARAJUPETA, VSGZ, VISAKHAPATNAM.
20. ASHOK KUMAR BARNWAL,, S/O. RP BARNAWAL,
HINDU, MALE, AGED ABOUT 72 YEARS, RETIRED GM
WITH EMP.NO.118732, R/O. FHA 306, SIVAJI NAGAR,
KURMANNAPALLEM, NH.16, VISAKHAPATNAM.
21. I. RAMBABU,, S/O I. RAMANNA, HINDU, MALE, AGED
ABOUT 73 YEARS, RETIRED DY.MANAGER WITH
EMP.NO.100300, R/O. D.NO.53-23-34/1, CHITANYA
NAGAR, MADDILAPALEM VISAKHAPATNAM.
22. KOLLI APPALA RAJU,, S/O K. APPA RAO, HINDU,
MALE, AGED ABOUT 72 YEARS, RETD. AGM (TA)
WITH EMP.NO.101442, R/O. FLAT NO.B-6, VISAKHA
APARTMENTS, NEAR HOTEL GREEN PARK PITHANI
DIBBA, VISAKHAPATNAM.
23. B. UMA MAHESWARA RAO,, S/O B. NARASINGA RAO,
HINDU, MALE, AGED ABOUT 71 YEARS, RTD., SR.
MANAGER WITH EMP.NO.100156, R/O. D.NO.31-
45/24/1, VUDUA PHASE-2, KURMANNAPALEM,
VISAKHAPATNAM - 5300046.
...PETITIONER(S)
5
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,
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 toissue 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
more specifically Respondents in not paying the employer
contribution to RINL pension (defined contribution) scheme is
wholly illegal, arbitrary and unjust. 2) declare that the HR Policy
Circular 15/20 dated.31-07-2020 is not applicable in so far as the
petitioners. 3) 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
encashment availed by the Petitioners at the time of retirement.
4) declare the action of the Respondents in non-payment of PRP
to the Petitioners during the financial years 2009-10, 2010-11,
6
2011-12, 2012-13 and 2013-14 is illegal and arbitrary. 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 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 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. M UMA DEVI (CENTRAL GOVT COUNSEL)
2. V SUBRAHMANYAM
The Court made the following:
7
THE HON'BLE SRI JUSTICE NYAPATHY VIJAY
W.P.No.16144 of 2023
ORDER:
The present writ petition is filed declaring the action of the Respondents (i) in not paying the employer contribution to RINL pension scheme; (ii) to declare that HR policy circular 15/20 dated 31.07.2020 is not applicable to the Petitioners; (iii) 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 and (iv) to declare the action of the Respondents in non-payment of PRP to the Petitioners during the financial years 2009 to 2014 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. 8
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