Thalsleema Baig vs The State Of Andhra Pradesh,
2021 Latest Caselaw 1187 AP

     THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                     WRIT PETITION NO.4794 OF 2021

ORDER:

This writ petition is filed under Article 226 of the

Constitution of India seeking the following relief:-

"......to issue a writ of Mandamus, questioning the action of the respondents in not-considering the representation of the petitioner dated 21.10.2020 for payment of gratuity amount, as arbitrary, illegal and consequently direct the respondents to consider the representation of the petitioner for payment of gratuity and pass such other order."

2. The petitioner was permitted to retire from service on

attaining the age of superannuation as Junior Assistant in the

office of the District Coordinator of Hospital Services on

30.04.2018 vide proceedings in R.C.No.775/E3/DCHS/2016

issued by the 2nd respondent. The petitioner was permitted to

retire from service without prejudice to any disciplinary, court

cases or any other cases pending against him.

3. On 30.05.2016 the petitioner was suspended from service

on the allegation of demand and acceptance of bribe of

Rs.10,000/- and he was permitted to retire from service pending

case against him. The said criminal case is pending before the

Special Judge for SPE & ACB Cases, Vijayawada. Since the

gratuity amount was not paid, the petitioner made a

representation on 21.10.2020 to the 3rd respondent by enclosing a

copy of order of this Court in W.P.No.2545 of 2020, dated

24.02.2020, wherein it was held that the employee is entitled to

80% of gratuity by virtue of G.O.Rt.No.1097, dated 22.06.2000. In

the said case, the petitioner therein was an employee against

whom a case of disproportion of assets was registered and he was

retired from service on 30.05.2012 on attaining the age of

superannuation.

4. The petitioner's case is also on the same footing and

therefore the principle laid down in the above judgment is

applicable to the facts of the present case for release of

80% gratuity to the petitioner in the light of principle laid down by

this Court and the respondents should consider the

representation submitted by the petitioner in terms of the order

passed by this Court in W.P.No.2545 of 2020, dated 22.06.2020,

Rule 9 and proviso(2) of 52(c) of A.P. Revised Pension Rules, 1980.

The said representation was forwarded by the 3rd respondent to

the 2nd respondent, it is pending for consideration before the

2nd respondent and no action was taken till date. Therefore, the

petitioner requested this Court to direct the respondents to

consider his representation while declaring the inaction of the

respondents as illegal and arbitrary.

5. During hearing, Sri Sai Gangadhar Chamarthy, learned

counsel for the petitioner reiterated the contentions urged in the

petition and limited his request to consider the representation

submitted by the petitioner keeping in view the order dated

24.02.2020 passed by this Court in W.P.No.2545 of 2020, Rule

9 and proviso(2) of 52(c) of A.P. Revised Pension Rules, 1980.

Whereas, learned Government Pleader for Services-III readily

agreed to dispose of the representation, dated 21.10.2020

submitted by the petitioner, in accordance with law.

6. As the request of the petitioner is limited i.e., to consider the

representation, dated 21.10.2020 submitted by him in terms of

the order dated 24.02.2020 passed by this Court in W.P.No.2545

of 2020, this Court need not to examine the controversial facts

and it is suffice to issue a direction to the 2nd respondent to

consider the representation, dated 21.10.2020 submitted by the

petitioner and pass appropriate order keeping in view

proviso(2) to Rule 52(c) of Revised Pension Rules, 1980 inserted by

G.O.Ms.No.227, dated 10.10.1995, within four (04) weeks from

today and take appropriate action, in accordance with law.

7. With the above direction, this Writ Petition is disposed of.

There shall be no order as to costs.

As a sequel miscellaneous application, pending, if any, shall

also stand closed.

__________________________________________ JUSTICE M. SATYANARAYANA MURTHY

Date: 26.02.2021

Note: Issue CC by 03.03.2021 (B/o) IS

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION NO.4794 OF 2021

Date: 26.02.2021

Note: Issue CC by 03.03.2021 (B/o) IS