Andhra Pradesh High Court - Amravati
T T Rama Rao vs Shri Krishna Pandey (1996) 9 Scc 395 And ... on 8 April, 2026
Author: D Ramesh
Bench: D Ramesh
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APHC010160692026
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3208]
(Special Original Jurisdiction)
WEDNESDAY,THE EIGHTH DAY OF APRIL
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE D RAMESH
WRIT PETITION NO: 9063/2026
Between:
1. T T RAMA RAO, S/O LATE BHARMANADAM, AGE 66
YEARS, RETIRED AS ASSISTANT EXECUTIVE ENGINEER,
R B DIVISION, RAJAHMUNDRY, R/O 14-282, FLAT.NO. F5,
SRI KRISHNA MANSION, ANNAMAYA STREET, NEAR RTC
COMPLEX, RAJAHMUNDRY, EAST GODAVARI DISTRICT,
PINCODE 533106.
...PETITIONER
AND
1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY
R B DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI,
GUNTUR DISTRICT, PINCODE 522237.
2. THE ENGINEERINCHIEF ADMN, ROADS BUILDINGS, A.P.
STATE, BANDAR ROAD, VIJAYAWADA, NTR DISTRICT,
PINCODE 520010.
...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 a Writ Order or
Direction more particularly one in the nature of Writ of Mandamus
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declaring the impugned orders issued in G.O.Ms.No.47, TRB
(Vig.RB) Dept, dated 22-12-2022 and G.O.Rt.No.407, TR B (Vig.R
B) Dept, dated 22-12-2022 by the 1st respondent and Memo.No.
6151/VC(1)/2019, dated 21-11-2025 issued by the 2nd respondent
against the petitioner herein, for the incident related to 2008-2013,
which is beyond 4 years of the incident is contrary to Rule 9(2)(b)(ii)
of A.P. Revised Pension Rules, as illegal, arbitrary, contrary to law
declared by the Honble Apex Court in State of U.P. and another vs.
Shri Krishna Pandey (1996) 9 SCC 395 and quash the same in
terms of the similar orders passed by this Honble High Court in
W.P.No. 35220 of 2025 order dated 24-12-2025, wherein the
charge memo issued to a co-charged officer is set aisde, further
direct the respondents to release retirement benefits i.e.. Full
pension. Retirement Gratuity and Commutation of Pension and to
pass
IA NO: 1 OF 2026
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 suspend the impugned
orders issued in G.O.Ms.No.47, TR&B (Vig.R&B) Dept, dated 22-
12-2022 and G.O.Rt.No.407, TR&B (Vig.R&B) Dept, dated 22- 12-
2022 Memo.No. 6151A/C(1 )/2019, dated 21- 11-2025 issued by
1st and 2nd respondents pending disposal of the above writ petition
and to pass
Counsel for the Petitioner:
1. CHILAMKURTHI SATYA DEV NAIDU
Counsel for the Respondent(S):
1. GP FOR SERVICES II
The Court made the following:
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ORDER:
1. This Writ Petition is filed to declare the impugned orders issued in G.O.Ms.No.47 dated 22.12.2022 and G.O.RtNo.407 dated 22.12.2022 of the 1st respondent and Memo No.6151/VC(1)/2019 dated 21.11.2025 issued by the 2nd respondent against the petitioner for the incident related to 2008-2013 which is beyond 4 years of the incident is contrary to Rule 9(2)(b)(ii) of A.P. Revised Pension Rules as illegal and arbitrary.
2. Learned counsel for the petitioner has submitted that the impugned proceedings were initiated against the petitioner for the incident related to 2008-2013 which is beyond 4 years of the incident is contrary to Rule 9(2)(b)(ii) of A.P. Revised Pension Rules. One of the petitioner has approached this Court by filing W.P.No.35220 of 2025 and the same has been considered and allowed the writ petition vide order dated 24.12.2025 quashing the Memorandum issued vide G.O.Ms.No.46 TR & B (Vig.R & B) Department dated 22.12.2022 and G.O.Rt.No.403 TR & B (Vig.R & B) Department dated 22.12.2022.
As the petitioner is also in identical situation and accordingly the disciplinary proceedings which were initiated against the 4 petitioner are also held liable to be set aside as declaring that the same is contrary to Rule 9(2)(b)(ii) of A.P. Revised Pension Rules.
The learned Government Pleader appearing for the respondents has not disputed about the above said facts.
Having regard to the facts and circumstances of the case, the writ petition is disposed of in terms of order dated 24.12.2025 passed by this Court in W.P.No.35220 of 2025.
Registry is directed to tag the copy of the order dated 24.12.2025 passed by this Court in W.P.No.35220 of 2025 along with this order.
As a sequel, miscellaneous petitions pending, if any, shall stand closed.
_______________________ JUSTICE D.RAMESH Date:08.04.2026 GK 5 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION NO:9063 of 2026 Dated:08.04.2026 GK