Andhra Pradesh High Court - Amravati
J.A.Kareem Saheb vs The State Of Andhra Pradesh on 6 September, 2024
1
APHC010264272022
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3310]
(Special Original Jurisdiction)
FRIDAY ,THE SIXTH DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 16116/2022
Between:
J.a.kareem Saheb ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. RAMALINGESWARA RAO KOCHARLA KOTA
Counsel for the Respondent(S):
1. GP FOR SERVICES IV
2. GP FOR SERVICES I
The Court made the following:
ORDER
This petition is filed under Article 226 of the Constitution of India for the
following relief:-
"...to issue a Writ Order or Direction more particularly one in the nature of
Writ of Mandamus declare the action of the respondents in withholding the Full
Pension and other retirement benefits of the petitioner on mere pendency of
the Criminal Appeal No.1068 of 2012 filed by ACB against the acquittal orders
dated 19.6.2012 passed in C.C.No 10/2009 as illegal, arbitrary and contrary to
the provisions of Rule 9 and 52 (1) (c) of A.P Revised Pension Rules and
violates of Articles of 21 and 300-A of the Constitution and denial of right of
property and consequently direct the respondents herein to release Full
pension Retirement Gratuity and other retirement benefits together with 10
percent interest from the date of entitlement to till the date of payment on the
same analogy of orders passed in 2018 (3) ALT 91 ,and W.P.No 6474 of 2021
dated 1472021....
2. The case of the petitioner in brief is that the petitioner was initially
placed under suspension vide proceedings, dated 26.04.2008 by the 2nd
respondent w.e.f., 20.04.2008 and continued under suspension till
09.09.2010. Thereafter, the petitioner got acquitted in ACB case by the First
Additional Special Judge for SPE and ACB cases-cum-Additional Chief Judge,
City Civil Court, Hyderabad on 19.06.2012 in Calendar Case No.10 of 2009
filed by the ACB authorities. Subsequently, the petitioner was allowed to retire
from service on 30.04.2021, in the category of Assistant Executive Engineer,
Nandyal, Kurnool District. Prior to the date of retirement, the petitioner
submitted a representation to the 1st respondent on 23.01.2021 duly enclosing
the acquittal Judgment requesting him to regularize the suspension period
from 20.04.2008 to 09.09.2010. But the respondents have not considered the
said representation and even after lapse of more than 10 years from the date
of acquittal, the respondents are not releasing the full pension and other
retirement benefits so far. Aggrieved by the same, the present Writ Petition is
filed.
3. Heard Mr K.Ramalingeswara Rao, learned counsel for the
petitioner and the learned Government Pleader for Services-IV appearing for
the respondents.
4. On hearing, learned counsel for the petitioner submits that the matter
is squarely covered by a order passed by this Court in W.P.No.6474 of 2021,
dated 14.07.2021, and hence, requests this Court to pass similar order in this
petition also.
5. Learned Assistant Government Pleader for Services-IV appearing for
the respondents opposed for grant of any relief in the writ petition and prayed
to dismiss the same.
6. In view of the submission made by both the learned counsels and
upon perusing the entire material available on record, this Court deems fit to
dispose of the present Writ Petition in terms of the said order.
7. Accordingly, the Writ Petition is allowed, directing the respondents
to pay full pension and other retirement benefits due to the petitioner within a
period of three (03) months from the date of receipt of a copy of this order
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.
Miscellaneous petitions pending, if any, in this Writ Petition shall stand
closed.
________________________
DR. K. MANMADHA RAO, J.
Date : 06.09.2024
TM
