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Andhra Pradesh High Court - Amravati

Dake Venkata Rao vs The State Of Andhra Pradesh on 22 January, 2026

Author: D Ramesh

Bench: D Ramesh

                                 1




APHC010572682025
                    IN THE HIGH COURT OF ANDHRA
                                PRADESH
                                                         [3208]
                             AT AMARAVATI
                      (Special Original Jurisdiction)

    THURSDAY,THE TWENTY SECOND DAY OF JANUARY
           TWO THOUSAND AND TWENTY SIX

                            PRESENT

          THE HONOURABLE SRI JUSTICE D RAMESH

                   WRIT PETITION NO: 29914/2025

Between:

   1. DAKE VENKATA RAO,, S/O MUSALAYYA, AGED ABOUT
      61 YEARS, OCC RETIRED LINE INSPECTOR, APEPDCL,
      R/O BATHINASUBBA RAO NAGAR,        KOTHAPETA,
      BOMMURU, RAJAHMUNDRY RURAL, EAST GODAVARI
      DISTRICT.

                                                  ...PETITIONER

                               AND

   1. THE STATE OF ANDHRA PRADESH, REP BY ITS
      PRINCIPLE SECRETARY,   ENERGY DEPARTMENT,
      SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR
      DISTRICT.

   2. AP EASTERN POWER DISTRIBUTION COMPANY
      LIMITED, REP BY ITS CHAIRMAN AND MANAGING
      DIRECTOR,. SEETHAMMADHARA, P AND T COLONY
      VISAKHAPATNAM -530013.

   3. THE CHIEF GENERAL MANAGER, HRD   APEPDCL,
      CORPORATE OFFICE, SEETHAMMADHARA, P AND T
      COLONY, VISAKHAPATNAM -530013.
                               2




  4. THE SUPERINTENDING ENGINEER, OPERATION
     CIRCLE, APEPDCL, AMALAPURAM, DR.BR AMBEDKAR
     KONASEEMA DISTRICT.

  5. THE EXECUTIVE ENGINEER, OPERATION DIVISION,
     APEPDCL,    AMALAPURAM, DR.BR AMBEDKAR
     KONASEEMA DISTRICT.

                                   ...RESPONDENT(S):

Counsel for the Petitioner:

  1. KINTALI DHARMA RAO

Counsel for the Respondent(S):

  1. V V SATISH (SC for APEPDCL)

  2. GP FOR SERVICES I

The Court made the following:
                                     3




          THE HONOURABLE SRI JUSTICE D.RAMESH

                 WRIT PETITION No.29914 of 2025

ORDER:

The present writ petition is filed declaring the action of the respondents in not releasing the petitioner's sanctioned retirement benefits viz., gratuity and commuted pension, despite sanction by the authority on 20.08.2024, as illegal and arbitrary.

2. Heard learned counsel for the petitioner and learned Standing Counsel appearing for respondent Nos.2 to 5.

3. Learned Standing Counsel appearing on behalf of respondent Nos.2 to 5 has placed the instructions received from the Executive Engineer, Operation, APEPDCL, Amalapuram dated 30.10.2025. According to the said instructions, though the petitioner is entitled for retirement benefits for an amount of Rs.43,17,729/-, there are outstanding dues from various Co-operative Credit Societies and Canara Bank including the APEB Employees Co-operative Credit Society Limited also which comes to around Rs.44,55,802/-. As the amounts are more than the retirement benefits, the respondents have not released the same.

4

4. Reply to the said contentions, learned counsel for the petitioner has submitted that there are no attachments by any competent Court or by the authority. Hence, without having any attachment by the competent Court, the respondents ought not to have withheld the retirement benefits and as the dues are only private loan dues, it is nothing to do with the respondents.

5. Considering the submissions and on perusal of the instructions, without going into the merits of the case, the Writ Petition is disposed of directing the respondents to consider and release the retirement benefits as per rules. However, there are no prohibition orders from the competent Court. The said exercise shall be completed within a period of four (4) months from the date of receipt of a copy of this order. There shall be no order as to costs.

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

_______________________ JUSTICE D.RAMESH Date: 22.01.2026 Ivd 5 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.29914 of 2025 Dated: 22.01.2026 Ivd