IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE P.SWAROOP REDDY WRIT PETITION NO : 15297 of 2009 Between: J. Sai Baba, S/o. late Pullaiah, Hindu, R/o. D.No. 1-19, Rayalam Village, Bheemvaram, Mandal, West Godavari District. ..... PETITIONER AND 1 The Chief General Manager, Human Resource Department, Andhra Pradesh Eastern Power Distribution Company Limited, Visakhapatnam. 2 The General Manager, Human Resource Department, Andhra Pradesh Eastern Power Distribution Company Limited, Visakhapatnam. 3 The Superintending Engineer, Operation Circle, Andhra Pradesh Eastern Power Distribution Company Limited, Srikakulam. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ, Order or Direction , particularly a Writ of Mandamus , declaring the Letter Lr.No. HRD/IR/Pensions/F.377/07/D.NO. 558/09, dated 03-07-2009 issued by the 1st respondent, wherein, the petitioner was called upon to clear off all the dues payable by him to his creditors on one time basis and to obtain letters from the banks/institutions who are his creditors as illegal, arbitrary and unconstitutional, being violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents to forthwith release the retirement and pensionary benefits, which arenot covered by the attachment ordrs Counsel for the Petitioner:MR.K.V.SUBRAHMANYA NARUSU Counsel for the Respondent No.: P.R.BALARAMI REDDY(SC FOR AP TRANSCO) The Court made the following : PSR, J W.P.No. 15297 of 2009 O r d e r: Heard both sides. 2. The counter reveals that the petitioner, who is a government servant was highly irresponsible and undisciplined, he took several loans running into Lakhs of rupees, which were due to be discharged on the date of his retirement. Still, legally the respondents cannot withhold the amounts other than the amounts that are attached by way of court orders. The amounts for which intimations/notices are received cannot be withheld. Hence, it is directed that the respondents shall release the amounts for which there are no attachments. 3. The legality of the attachments can not be decided in this writ petition and it is for the petitioner to get the attachments raised by appearing before the concerned courts. Only in the event of the attachments being raised for the amounts for which attachments are effected, the amounts can be released. 4, Thus the amounts for which there are no attachments, shall only be released in favour of the petitioner. 5. With the above directions, the writ petition is disposed of at the admission stage. ______________________ P. SWAROOP REDDY, J. September 23, 2009. *BVS