N. Kamalamma, vs The State Of Telangana
2023 Latest Caselaw 2270 Tel

          THE HON'BLE SMT. JUSTICE P.MADHAVI DEVI

                  WRIT PETITION No.25255 of 2023
ORDER:

This Writ Petition is filed seeking the following relief:

"...to issue an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus by declaring the action of the Respondents in continuing the disciplinary proceedings pursuant to charge memo issued by the 1st Respondent vide G.O.Rt.No.777, Municipal Administration and Urban Development (Vig.II)(2) Department dated 11.10.2021 and further not releasing 80% Retirement Gratuity and Earned Leave amount on the ground of pendency of charge memo as being arbitrary, illegal, discriminatory and in violation of Article 14 of the Constitution of India apart from being contrary to the 2nd Proviso to Rule 52(1)(c) of T.S.Revised Pension Rules, 1980 and orders issued in G.O.Rt.No.1097 dated 22.06.2000 and Orders passed by this Hon'ble Court and the Hon'ble High Court of A.P. in W.P.Nos.3427 of 2021 dated 18.02.2021, W.P.No.2545 of 2020 dated 24.02.2020, W.P.No.30443 of 2016 dated 14/02/2017 and I.A.No.1 of 2023 in W.P.No.5018 of 2023 dated 09.03.2023 and consequently direct the Respondents to release and pay 80percent Retirement Gratuity and Earned Leave Amount in terms of 2nd Proviso to Rule 52(1)(c) of T. S.Revised Pension Rules, 1980 orders issued in G.O.Rt.No. 1097, Finance and Planning Department dated 22.06.2000 and the final and interim orders of the Hon'ble High Court referred to above in the interest of justice and to pass..."

2. Learned counsel for the petitioner submitted that the

petitioner has been permitted to retire from service on 30.04.2023

and thereafter, the petitioner has not been paid any of the

retirement benefits including gratuity. Learned counsel for the

petitioner submitted that the reason for non-payment of retirement

benefits is stated to be on the ground that the petitioner has not

attended to her duties on 08.04.2021, but had sent her son to PMD,J W.P.No.25255 of 2023

attend the duties in her place and therefore, she has exhibited lack

of integrity, devotion to duty and conduct unbecoming of a

Government Servant and thereby contravented Rule 3(1) and (2) of

T.S.Civil Services (Conduct) Rules, 1964 and accordingly, a charge

memo was issued on 11.10.2021 to the petitioner. Learned counsel

for the petitioner further submitted that in spite of lapse of nearly

two years, the respondents have not completed the enquiry and on

the ground that the charge memo is pending against the petitioner,

pension and other retirement benefits are withheld which is illegal

and arbitrary.

3. Learned counsel for the petitioner relied upon the order

of this Court dated 09.03.2023 in I.A.No.1 of 2023 in W.P.No.5018

of 2023 wherein, this Court had directed the respondents to release

the amount payable on Encashment of Earned Leave and 80% of

the retirement Gratuity in terms of G.O.Rt.No.1097, Finance and

Planning Department, dated 22.06.2000 and 2nd Proviso to Rule 52

(c) of the Telangana State Revised Pension Rules within a period of

eight (8) weeks from the date of receipt of copy of the order.

Learned counsel for the petitioner also relied upon the orders of

High Court of Andhra Pradesh in W.P.No.3427 of 2021 dated

18.02.2021 and in W.P.No.2545 of 2020 dated 24.02.2020, which

are passed in terms of G.O.Rt.No.1097 dated 22.06.2000 as well as PMD,J W.P.No.25255 of 2023

the 2nd proviso of Rule 52 (c) of the A.P. Revised Pension Rules.

Learned counsel for the petitioner seeks similar relief in line with

the above judgments in the present case also.

4. In view of the above submissions, this Court deems it fit

and proper to direct the respondents to release 80% of the gratuity

and also permit the petitioner to withdraw leave encashment as per

her eligibility, provided, there are no other charges against the

petitioner. The respondents are also directed to conclude the

disciplinary proceedings against the petitioner expeditiously,

preferably within a period of two (02) months from the date of

receipt of a copy of this order.

5. Accordingly, the Writ Petition is disposed of at the

admission stage. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this Writ

Petition, shall stand closed.

_____________________________ JUSTICE P.MADHAVI DEVI Date: 12.09.2023 NOTE: Furnish C.C. by 14.09.2023.

(B/o.) PRN PMD,J W.P.No.25255 of 2023

THE HON'BLE SMT. JUSTICE P. MADHAVI DEVI

WRIT PETITION No.25255 of 2023

Date: 12.09.2023 PRN