Telangana High Court
Sri.M.Prabhakar vs State Of Tg,Scy,Wc,Hyd, 3 on 15 November, 2022
Bench: Surepalli Nanda
IN THE HIGH COURT OF TELANGANA AT HYDERABAD
W.P. No. 34021 of 2016
Between:
Sri M.Prabhakar
... Petitioner
And
The State of Telangana,
Rep. by its Secretary to Government and others
... Respondents
JUDGMENT PRONOUNCED ON: 15.11.2022
THE HON'BLE MRS JUSTICE SUREPALLI NANDA
1. Whether Reporters of Local newspapers : yes
may be allowed to see the Judgment?
2. Whether the copies of judgment may be
marked to Law Reporters/Journals? : yes
3. Whether Their Lordships wish to
see the fair copy of the Judgment? : yes
____________________
SUREPALLI NANDA, J
WP_34021_2016
2 SN,J
THE HON'BLE MRS JUSTICE SUREPALLI NANDA
W.P. No. 34021 of 2016
% 15.11.2022
Between:
# Sri M.Prabhakar
..... Petitioner
and
$ The State of Telangana,
Rep. by its Secretary to Government and others
.....Respondents
< Gist:
> Head Note:
! Counsel for the Petitioner : Sri M.Bala Gangadharaiah
^Counsel for the Respondents: G.P. for Women Development
and Child Welfare
? Cases Referred:
WP_34021_2016
3 SN,J
THE HON'BLE MRS JUSTICE SUREPALLI NANDA
W.P. No. 34021 of 2016
ORDER:
Heard learned counsel for the petitioner and learned
Government Pleader for Women Development and Child
Welfare.
2. This writ petition is filed to issue a Writ or order or
direction more in the nature of Writ of Mandamus to call for
original records relating to the sanction and payment of
pension to the petitioner and direct the respondents to make
payment of simple interest on the pension and Gratuity
benefits @ 18% per annum for the delayed payment due on
01.07.2010 to 31.07.2016 viz the date of payment of pension
and gratuity as per law.
3) The case of the petitioner, in brief, is as follows:
a) The petitioner was appointed as Typist on 01.12.1976
and subsequently promoted as Senior Assistant on
08.11.1985 and further promoted as Superintendent on
06.09.1998.
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b) While the petitioner was working as Superintendent in
the office of Project Director, District Women and Child
Development Agency, Kurnool, the departmental disciplinary
proceedings were initiated on 03.05.2001 and the petitioner
submitted explanation on 06.06.2001. After conducting
enquiry, the charges framed against the petitioner were
dropped as not proved. Thereafter, the petitioner was posted
as Assistant Project Officer, at Nizamabad.
c) The petitioner was retired on 30.06.2010 on attaining
the age of superannuation and submitted pension papers on
30.06.2010 before the 4th respondent for onward transmission
to the 3rd respondent. The 2nd respondent has initiated
disciplinary action against the petitioner by levelling nine
charges vide memo, dated 30.06.2010. The 2nd respondent
has misused the power of revision provided under A.P.Civil
Services (CCA) Rules, 1991 with an intention to disentitle the
petitioner for payment of pensionary benefits in normal
course. The 2nd respondent has not concluded disciplinary
proceedings within six months as per the Government
instructions.
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d) The 1st respondent has sanctioned provisional pension
@ Rs.11,831/- p.m. as against the admissible service pension
of Rs.15,775/- p.m. vide G.O.Rt.No.483, dated 28.12.2010.
But the respondents have not taken any action for making
payment of 80% gratuity as against the admissible amount of
Rs.6,05,237/- in terms of G.O.Rt.No.1097, dated 22.06.2000
since the charges levelled against the applicant are
administrative lapses only and there is no financial loss
caused to the Government. Therefore, further action has been
dropped vide G.O.Rt.No.2, dated 05.01.2016 as charges are
not in serious. Hence, this writ petition is filed.
4. The counter filed by the 2nd respondent, in brief, is
as follows:
a) The petitioner has committed certain administrative
irregularities while he was working as Senior Assistant, ICDS
Project and hence, charge memo dated 30.06.2010 was
issued.
b) The delinquent officer has submitted the defense
statement dated 14.01.2011 to the Government while
marking a copy to o/o Director, Women Development & Child
WP_34021_2016
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Welfare, Hyderabad. Therefore, not concluding of the
disciplinary case within six months does not arise, as the
delinquent officer submitted the defence statement after
completion of six months.
c) As per para 3(c) of G.O.Rt.No.1097, of Finance &
Planning Department, dated 22.06.2000 no gratuity shall be
paid until the conclusion of the departmental or judicial
proceedings and issue of final orders and that the eligible
retirement benefits as per the said GO have already been
paid. Therefore, the writ petition is liable to be dismissed.
5. The respondents filed additional counter reiteration the
contentions raised in the counter and that since there is no
delay occurred in release of pensionary benefits to the
petitioner, the payment of interest on delay does not arise
and accordingly the Government vide Memo dated
19.01.2017 had rejected the appeal of the petitioner for
payment of interest on service pension and gratuity.
PERUSED THE RECORD :
WP_34021_2016
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6. The petitioner initially in September 2016
approached this Court with main prayer as follows :
"That this Hon'ble Court may be pleased to issue a
Writ or order or direction more in the nature of mandamus to
call for the original records relating to the sanction and
payment of pension to the petitioner and direct the
respondents to make payment of simple interest on the
pension and gratuity benefits @ 18% per annum for the
delayed payment from the due on 01.07.2010 to 31.07.2016
viz., the date of payment of pension and gratuity as per law
and pass such other order or orders as deemed fit and
proper".
7. The Petitioner filed I.A.No.1/2019 in present
W.P.No.34021/2016 seeking amendment of the prayer
in November 2019, which is as follows :
"In view of the above facts and circumstances, the
petitioner humbly prays that this Hon'ble Court may be
pleased to permit the petitioner to amend the main prayer by
substituting the words "the sanction and payment of pension
to the petitioner" with the words "to Government Memo
No.4268/Estt.A2/2016-8, dated 21.08.2018 of the 1st
respondent and set aside the same as arbitrary and illegal
and consequently" direct the respondents to make payment
of interest on the service pension and gratuity from the date
of retirement to till the date of payment as per law and pass
such other order or orders as deemed fit and proper in the
interest of justice, equity and fair play".
8. Taking into consideration the averments made in the
affidavit filed in support of I.A.No.1 of 2019 in W.P.No.34021
of 2016 the same is ordered as prayed for.
WP_34021_2016
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9. Counter affidavit and additional counter affidavit
has been filed by Respondent No.2. The relevant paras
9 to 13 in the counter affidavit filed by Respondent
No.2 read as under :
Para 9 : Further, his case was referred to the
Government, as the individual has retired from service on
30.06.2010, and the Delinquent Officer has also submitted
his written statement of defense on 14.01 2011 and to the
Government Basing on that, the Government have appointed
Enquiry Officer and Presenting Officer vide G.O.RL No. 16 &
17. dt 31.07.2014, and based on the Enquiry Report of the
Regional Deputy Director, WDSCW, Hyderabad, the
Government has issued Show Cause Notice to Delinquent
Officer on 12:01:2015 The Delinquent Officer have to be give
answer within 30 days The defence statement of Delinquent
Officer was submitted to the Government on 09.02.2015.
Para 10 : Further, the Government has issued Revised Show
Cause Notice on 16.02.2015 and the Delinquent Officer has
submitted the Defense Statement on 16.03.2015 and also
furnished further defense statement or 30.09 2015 to the Olo
Director Women Development & Child Welfare, Hyderabad
and the same was submitted by the Director, Women
Development & Child Welfare Hyderabad, to the Government
vide Lr. No. 502/Vig/2010, dt. 06.10.2015.
Para 11 : It is further submitted that, the Government have
dropped further action against the Delinquent Officer and
issued G.O.Rt.No.2, of Dept., for WCD&S (Estt.)
dt.05.01.2016.
Para 12 : It is submitted that the eligible retirement benefits
as per the G.O.Rt.No.1097, Finance & Planning Department
dt. 22.06.2000 have been already paid. But as per para 3(c)
of the above said G.O. No. gratuity shall be paid until the
conclusion of the departmental or judicial proceedings and
issue of final orders.
Para 13 : Therefore it is submitted that there is no delay
caused by the Respondents in payment of service pension
and gratuity to the Delinquent Officer, as the 75%
WP_34021_2016
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provisional pension has been paid to the Delinquent Officer
as Disciplinary case is pending against him.
10. Additional counter affidavit has been filed by
Respondent No.2 in January 2019 enclosing few
documents and paras 4, 5 and 6 of the said counter
affidavit read as under :
Para 4 : That, vide G.O.Rt.No.2, Department of Women,
Children, Disabled and Senior Citizens, dt. 05.01.2016,
Government have take a lenient view and issued orders
dropping the charges against Sri M.Prabhakar, Assistant
Project Officer (Retired). As per the orders issued in
G.O.Rt.No.1097, Finance & Planning (FW.Pen.I) Department,
dt. 22.06.2000, full service pension and retirement gratuity
cannot be settled until the conclusion of the Departmental
proceedings pending against the retired government
servants, only provisional pension shall be sanctioned.
Para 5 : Accordingly after conclusion of the departmental
proceedings the Regional Director, Women Development &
Child Welfare, Hyderabad has addressed the Accountant
General, Andhra Pradesh/Telangana State, to release the
pensionary benefits to the said individual vide their
Lr.No.855/A/2010, dt. 03.03.2016. Accordingly the AG, AP,
Hyderabad has released the pensionary benefits to the
Petitioner vide Lr.No.PAG(A&E)/AP/P15/IV/P-
256/SP278/2010-08 /735, DT. 19.04.2016. Since there is no
delay occurred in release of pensionary benefits to the
Petitioner, the payment of interest on delay does not arise in
the present case and accordingly the Government vide Memo
No.4268/Estt.A2/2016-4, dt. 19.01.2017 had rejected the
appeal of the Petitioner for payment of interest on service
pension and gratuity.
Para 6 : It is further to submit that, as already informed
in the counter affidavit filed earlier, that the Petitioner was
involved in the delay in submission of his defense statement
and presently the service pension and gratuity were also
processed immediately after finalization of the disciplinary
WP_34021_2016
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case, there is no delay occurred in release of pensionary
benefits to the Petitioner.
DISCUSSION AND CONCLUSION
11. The Petitioner by way of amendment of prayer
sought setting aside the Government Memo
No.4268/Estt.A2/2016-8, dated 21.08.2018 of the 1st
respondent. A bare perusal of the contents of the said
Memo only indicate the request of the Joint Secretary
to the Government addressed to the Director, Women
Development and Child Welfare Department of
Telangana State, Hyderabad requesting to take
necessary action to file revised counter affidavit in
W.P.No.34021/ 2016 duly incorporating the latest facts
in the case in consultation with Government Pleader for
WCD & SC, Hon'ble High Court for the State of
Telangana, Hyderabad.
12. The Petitioner however, did not choose to
challenge the Memo No.4268/Estt.A2/2016-4, dt.
19.01.2017 of the 1st Respondent herein were under as
stated in para 5 of the Additional Counter Affidavit filed
by the Respondent No.2, the Appeal of the Petitioner
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for payment of interest on service pension and gratuity
was rejected by the Government vide Memo No.4268/
Estt.A2/2016-4, dated 19.01.2017.
13. Taking into consideration the averments made in
the counter affidavit filed by respondent No.2 (referred
to and extracted above) and the additional counter
affidavit filed by the 2nd respondent and also perusing
the contents of the impugned Government Memo
No.4268/Estt.A2/2016-8, dated 21.08.2018 of the 1st
respondent, this Court opines that the prayer of the
Writ Petitioner for setting aside Government Memo
No.4268/Estt.A2/2016-8, dated 21.08.2018 of the 1st
Respondent is totally uncalled for and unwarranted
since it is only internal correspondence between Joint
Secretary to Government, Department for Women,
Children, Disabled and Senior Citizens (Establishment)
addressed to the Director, Women Development & Child
Welfare Department, Telangana State, Hyderabad,
giving details of the latest facts of the case with a
request to file a revised counter affidavit in
W.P.No.34021/2016.
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14. Therefore, in the interest of justice, without
expressing any opinion on the merits of the case, the
writ petition is disposed of giving liberty to the
Petitioner to challenge the Government Memo
No.4268/Estt.A2/2016-4, dated 19.01.2017 of the 1st
respondent vide which the Appeal of the Petitioner for
payment of interest on service pension and gratuity has
been rejected. However, there shall be no order as to
costs.
Miscellaneous petitions, if any, pending shall stand
closed.
_________________
SUREPALLI NANDA, J
Date: 15.11.2022
Note : L.R. copy to be marked
b/o
kvrm
