HIGH COURT OF ANDHRA PRADESH
MAIN CASE No:W.P.No.22855 of 2021
PROCEEDING SHEET
Sl. OFFICE
DATE ORDER
No NOTE.
RNT,J
7. 03.03.2022
I.A.No.1 of 2021
1. This petition has been filed for writ of mandamus
directing the respondents to grant and release the Full
Pension, Gratuity, CVP and other retiral benefits to the petitioner in accordance with the rules suspending the Letter P6/II-N-577/SP899/2020-12, dated 20.05.2021 issued by the 4th respondent/the Accountant General (Audit)/Senior Accounts Officer, as the petitioner retired from service on 31.12.2019 on attaining the age of superannuation.
2. Inspite of various dates fixed in the case, counter has not been filed.
3. Sri K.Amrith Raj, learned Assistant Government Pleader for Services-II representing the respondent Nos.1,2 and 3, and Sri K.Swarna Seshu, learned counsel representing the respondent No.4 pray for and are granted three (03) weeks further time to file counter affidavit.
4. The petitioner retired from service on 31.12.2019 from the post of Assistant Tribal Welfare Officer. Just before his retirement, he was served with recovery memo, dated 24.10.2019 for recovery of Rs.23,51,624/- on the ground of certain irregularities in revision and refixation of his pay w.e.f the date of his joining on the post of Warden (HWO) Gr-II and regularization of pay upto the cadre of Assistant Tribal Welfare Officer (ATWO). The petitioner challenged those proceedings in W.P.No.559 of 2020, which was allowed by this Court vide judgment dated 29.01.2020, setting aside the proceedings dated 24.10.2019 in view of the 2
judgment of the Hon'ble Apex Court in State of Punjab v. Rafiq Masih1, against which the State/respondents Writ Appeal No.652 of 2021, The State of Andhra Pradesh v. B.Narsimhulu, was also dismissed by judgment dated 01.11.2021.
5. During pendency of the writ appeal, the respondent No.4 vide letter dated 20.05.2021 requested the Director of Tribal Welfare/respondent No.3 to fix the petitioner's pay without pay protection, from 26.08.1991 to 31.12.2019 i.e. the date of retirement, which is the same period with respect to the very recovery memo which was quashed by this Court.
6. During the petitioner's continuance in service, any departmental or judicial enquiry was not initiated. However, a charge memo vide G.O.Rt.No.319, dated 28.09.2021 was issued by the respondent No.1 to the petitioner, proposing to hold a detailed enquiry as per Rule 20 of Andhra Pradesh Civil Services Classification Control and Appeal Rules, 1991 (for short, "the Rules") containing charges of Articles 1 to 6 relating to the petitioner's alleged declaration given on 26.08.1991, when reporting to duty as Warden. Challenging the same, being contrary to Rule 9 Sub-Rule (2) (b) (ii) of Andhra Pradesh Revised Pension Rules, 1980, the petitioner filed Writ Petition No.27384 of 2021 in which vide interim order dated 24.11.2021, the charge memo dated 28.09.2021 is suspended until further orders.
7. In writ petition No.27384 of 2021 also, in spite of time being granted, counter has not been filed.
8. Learned counsel for the petitioner submits that the petitioner is entitled for release of his pensionary benefits in view of Rule 9 Sub-Rule (2) (b) (ii) and Rule 9 (6) of the Andhra Pradesh Revised Pension Rules 1980, as also in view of the facts, that there was no departmental or judicial enquiry initiated during the petitioner's continuance in service nor any such enquiry was initiated within four (04) years from the alleged
1 (2015) 4 SCC 334 3
event and the departmental enquiry initiated after the petitioner's retirement has also been stayed.
9. He further submits that even Rule 52 of the Revised Pension Rules, 1980 provides for the grant of provisional pension pending the departmental or judicial proceedings.
10. Learned counsel for the respondents submits that the departmental enquiry is pending against the petitioner and consequently he is not entitled for release of pensionary benefits.
11. In the aforesaid facts, I find force in the submissions of the learned counsel for the petitioner and this Court finds prima facie the case for grant of interim order is made out.
12. Accordingly, the respondents shall grant and release the provisional pension to the petitioner within a period of 15 days from the date of submission of copy of this order before the respondent No.1.
13. Learned counsel for the respondents shall communicate this order to their respective respondents.
14. List in the week commencing 28.03.2022.
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