K.Sudhakar vs The State Of Telangana
2024 Latest Caselaw 726 Tel

Citation : 2024 Latest Caselaw 726 Tel
Judgement Date : 21 February, 2024

Telangana High Court

K.Sudhakar vs The State Of Telangana on 21 February, 2024

           HON'BLE SMT. JUSTICE T. MADHAVI DEVI

                  WRIT PETITION No.5083 of 2021

ORDER:

This writ petition is filed under Article 226 of the

Constitution of India directing the respondents to release all

the retirement benefits to the petitioner including pension and

gratuity withheld by the respondents from the date of his

retirement i.e., on 28.02.2007 and also balance of the salary

from 08.12.2005 till the date of his retirement, in view of the

acquittal of the petitioner from a criminal case and to pass

such other order or orders, as this Court deems it fit and

proper.

2. The brief facts leading to the filing of the present writ

petition are that the petitioner was working as Special

Revenue Inspector in the office of the Mandal Revenue Officer,

Saidabad, Hyderabad and he retired from service on

28.02.2007 on attaining the age of superannuation. It is

submitted that while the petitioner was in service, he was

charged for an offence punishable under Section 7 of the

Prevention of Corruption Act and C.C.No.48 of 2006 was

numbered by the Principal Special Judge for SPE and ACB

cases, City Civil Court, Hyderabad. After conducting trial, the

trial Court held that the petitioner is found not to be guilty of

the alleged charges and consequently he was acquitted, vide

judgment dated 30.12.2011. Aggrieved by the same, the

Department has filed Criminal Appeal No.325 of 2012 before

this Court. It is submitted that during the suspension period,

the petitioner was paid 75% of the pension. On the ground

that the petitioner is acquitted from the criminal charges, he is

now seeking release of full pension and gratuity which have

been withheld and also balance of the salary.

3. The learned counsel for the petitioner submitted that a

Division Bench of this Court in the case of Chief Commissioner

of Land Administration A.P., Vs. R.S.R. Rao 1 held that a

Government employee on acquittal from the criminal case is

eligible for pension and pensionary benefits on his retirement.

It is submitted that the said judgment has been followed by a

2010 (2) ALD 773 (DB)

learned single Judge of this Court in Writ Petition No.15812 of

2017, vide orders dated 14.03.2018. Therefore, the issue is

covered in favour of the petitioner.

4. The learned Government Pleader for Services-II

appearing for the respondents, however, relied upon the

averments made in the counter affidavit and submitted that

after acquittal of the petitioner from the criminal case, the

Department has filed a Criminal Appeal before this Court and

the same is pending adjudication and therefore, gratuity and

part of the pension has been rightly withheld and the same

will be released if the decision of the criminal appeal is in

favour of the petitioner.

5. Having regard to the rival contentions and the material

placed on record, this Court finds that a similar issue was

considered by a Division Bench of this Court in R.S.R. Rao's

case and paragraph Nos.9 to 11 of the said judgment read as

under:

"9. The rule as interpreted by the Division Bench is clear and the decision of the Division Bench holding the field, it is no more open

for the Government to reject request to grant retirement benefits on the very ground that criminal appeal is pending. Even in the counter affidavit no other reason is assigned except referring to pending criminal appeal. There was no application of mind. No discussion on statutory environment and precedent decision operating the field. The attitude and approach of the authorities is highly deprecated. Due to illegal denial of retirement benefits, employee and his family is subjected to suffering and hardship for more than three years.

10. Post retirement, future family needs are planned in advance taking note of retirement benefits employee would get, such as performing marriage of child, securing a home, settlement of debts, etc. The day to day needs of the family of retired employee and medical expenses, which would be more after certain age, are taken care of by monthly pension. Any delay in disbursement of these benefits would have cascading effect. These benefits can be denied only when there is compelling reason supported by statutory provision. Denial cannot be a matter of course. Thus, competent authority should be more careful while dealing claims for settlement of retirement benefits and should apply his mind before taking a decision. He cannot mechanically reject such request and drive him to court. This kind of decisions are choking the court.

11. Accordingly, the Writ Petition is allowed. The respondents are directed to release all the retirement benefits which petitioner is entitled to, as expeditiously as possible, preferably within a period of six (6) weeks from the date of receipt of copy of this order. Petitioner is entitled to interest @ 10% p.a., from the date of acquittal granted by the criminal court till the date of payment."

6. Further, the learned single judge of this Court has also

followed the same and held that the petitioner therein is entitled to

release of the pension and retirement benefits with interest @ 10%

per annum from the date of his acquittal till the date of payment.

7. In view of the above, this Court is of the opinion that the

petitioner having been acquitted from the criminal charge and as no

disciplinary proceedings having been initiated against him, he is

entitled to receive the entire pension and pensionary benefits

including the gratuity. Therefore, the respondents are hereby

directed to pay the balance of pension to the petitioner, after giving

credit to the amount already paid. With regard to the payment of

balance of salary during the suspension period, the respondents are