A Koteswara Rao vs State Of Andhra Pradesh,

Citation : 2022 Latest Caselaw 2031 AP
Judgement Date : 26 April, 2022

Andhra Pradesh High Court - Amravati
A Koteswara Rao vs State Of Andhra Pradesh, on 26 April, 2022
           HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI

                     WRIT PETITION No.20038 OF 2020

ORDER:

The present writ petition is filed declaring the inaction on the part of respondent Nos.1 to 4 in considering the representation of the petitioner dated 02.12.2019 and in releasing the petitioner's entire pension and gratuity, as illegal and arbitrary.

2. The case of the petitioner is that he has been convicted and sentenced to undergo imprisonment vide Judgment dated 03.03.2010 in ACB case. Aggrieved by the same, an appeal has been filed wherein this Court in Crl.A.M.P.No.528 of 2010 granted bail by suspending the sentence vide order dated 09.03.2010. It is further stated that pending consideration of the above appeal, the Government has issued a G.O.Ms.No.166, dated 25.06.2010, directing to withhold the petitioner's entire pension and gratuity permanently. As a consequent to the said G.O., the 3rd respondent issued proceedings dated 14.07.2010 communicating the said G.O. Consequent to the same, the respondents have paid pension upto 2012, subsequently stopped payment of pension under clause (1) of Rule 25 of A.P.Civil Service (CC&A) Rules, 1991. Pursuant to the stoppage of the pension, the petitioner supposed to have submitted series of representations and the latest one is representation dated 02.12.2019.

3. Now, when the matter is taken up for hearing, learned counsel for the petitioner requested for a direction to the respondents only to dispose of his representation dated 02.12.2019 which was placed on record. Learned Assistant Government Pleader for Services-I submitted that the petitioner is not entitled for any relief.

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4. Learned Counsel for the petitioner brought to the notice of this Court that the 3rd respondent is the competent person to decide whether the petitioner is entitled for any relief in the representation dated 02.12.2019 and accordingly sought liberty to make a fresh representation to the 3rd respondent in one week. In view of the same, without going into the merits of the case, the petitioner is permitted to make a fresh representation to the 3rd respondent in one week from today. Pursuant to making such representation, the 3rd respondent is directed to dispose of the same within six (06) weeks, strictly in accordance with law.

5. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

___________________________ JUSTICE RAVI CHEEMALAPATI Date: 26.04.2022 Note: Furnish copy by 28.04.2022 (Thursday) B/o sj 3 91 HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION No.20038 OF 2020 Dated : 26.04.2022 sj