T. Naga Malleswara Rao, vs The State Of Andhra Pradesh
2021 Latest Caselaw 2395 AP

       HON'BLE SRI JUSTICE D.V.S.S.SOMAYAJULU
                    W.P.No.6474 of 2021
ORDER:

Heard the learned counsel for the petitioner and the

learned Government Pleader for Services-I.

The matter was listed today specially by mentioning that

no further time will be granted for filing counter. From

20.03.2021 the matter has been posted five times and is

listed today finally. Today also learned Government Pleader

states he requires that two weeks time for filing counter. This

Court is of the opinion that more than adequate time has

been granted.

Hence, after listening to the learned Government

Pleader for Services-I, who argued on the basis of his

instructions and the learned counsel for the petitioner, the

following order is passed:

The only ground on which the pension and other

retirement benefits of the petitioner are denied is that a

Criminal Appeal is pending against the Order in C.C.No.25 of

2007, in which the petitioner is shown as an accused. The

learned counsel for the petitioner points out that the matter

ended in a clean acquittal and the judgment was passed on

23.07.2019. He submits that thereafter an appeal has been

filed, but mere pendency of an appeal, as per the learned

counsel for the petitioner, is not a ground to deny the post

retirement benefits. Learned counsel for the petitioner also relies upon a judgment of the learned Single Judge of the

combined High Court reported in B.V.Koteswar Rao v State

of Telangana, Higher Education (VC.I) Department,

Hyderabad, rep., by its Principal Secretary and another1,

wherein the rule position is also discussed. He draws the

attention of this Court to paragraph-7 to 12 of the said Writ

Petition and points out that after discussing the legal

position, including the Division bench judgment, the learned

single Judge was pleased to allow the Writ Petition by

granting of interest on the delayed payments at 10% and also

costs of Rs.25,000/-. Learned counsel submits this judgment

squarely applies to the facts and circumstances of this case.

Learned Government Pleader, who prayed for time to file

counter, again states that as the Appeal is pending the State

would like to file a counter. This Court is of the opinion that

adequate opportunity has been granted. The request of the

learned Government Pleader is negatived as the mere

pendency of the Appeal is not a ground to deny the

retirement, full pension and other retirement benefits to the

petitioner. Para-10 of the judgment cited by the learned

counsel for the petitioner clearly discussed the importance

and the need that a retired employee would derive from his

pensionary benefits, retirement benefits etc. The rule position

was also clearly discussed in this case and it is based upon

the Division Bench judgment, which is also considered in

2018 (3) ALT 91 para-7. Therefore, after considering the submissions, case

law and including the facts merely on the ground that an

appeal is pending, this Court is of the opinion that petitioner

cannot be deprived of the benefits, which are legitimately due

to him and which are the result of years of service in the

Government.

Accordingly, the Writ Petition is allowed directing the

respondents to pay the full pension and other retirement

benefits due to the petitioner within six weeks from the date

of receipt of a copy of this Order along with interest at the

rate of 10% from the date of acquittal granted by the criminal

court till the date of actual payment. There shall be no order

as to costs.

Consequently, the Miscellaneous Applications pending,

if any, shall stand closed.

__________________________ D.V.S.S.SOMAYAJULU, J DATE:14.07.2021 SSV