A Koteswara Rao vs State Of Andhra Pradesh,
2022 Latest Caselaw 2031 AP

           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.

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

HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI

WRIT PETITION No.20038 OF 2020

Dated : 26.04.2022

sj