Telangana High Court
Sri. Byram Padmaiah vs The State Of Telangana on 24 January, 2025
THE HON'BLE SRI JUSTICE PULLA KARTHIK
WRIT PETITION No.1067 OF 2025
O R D E R:
With the consent of the parties, this Writ Petition is taken up
for disposal, at the stage of admission itself.
2. This Writ Petition is filed under Article 226 of the
Constitution of India seeking to declare the action of respondents
in not releasing full pensionary benefits to the petitioner in view of
G.O.Ms.No.39, dated 25.04.2023, as being biased, arbitrary and
illegal.
3. Heard Sri M.Ram Mohan Reddy, learned counsel for the
petitioner; learned Government Pleader for Services-I for
respondent Nos.1 to 3 and 5; and Sri T.Bala Mohan Reddy, learned
Standing Counsel for Anti Corruption Bureau, for respondent No.4.
4. Learned counsel for the petitioner submits that the petitioner
was retired from service on 31.07.2018 and while the petitioner
was working as Tahsildar, Sultanabad, a case in Crime
No.21/ACB-KNR/2007, was registered against him and after filing
of charge sheet, the same was numbered as C.C. No.19 of 2015 on
the file of learned Special Judge for SPE & ACB Cases,
Karimnagar. After completion of trial, the learned trial Court has
acquitted the petitioner from the criminal case vide judgment,
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dated 19.10.2016. However, the respondents are not releasing full
pension to the petitioner and are paying only provisional pension
on the ground that respondent No.4 filed Crl.A.No.745 of 2017
before this Court aggrieved by the judgment, dated 19.10.2016, in
C.C. No.19 of 2015 passed by the learned trial Court. It is further
submitted that considering the representation of the petitioner,
vide G.O.Ms.No.39, dated 25.04.2023, the Government has
regularized the suspension period of the petitioner and directed
respondent No.2 to release other pensionery benefits to the
petitioner subject to the outcome of the judgment of this Court in
Crl.A.No.745 of 2017. Therefore, the petitioner has made
representations to respondent No.2 on 10.10.2023, 02.02.2024
and 03.12.2024 requesting to release other pensionery benefits in
terms of G.O.Ms.No.39, dated 25.04.2023. However, no action has
been taken by respondent No.2 so far. Therefore, learned counsel
prays this Court to direct respondent No.2 to release other
pensionery benefits to the petitioner.
5. Learned Government Pleader submits that the petitioner is
receiving provisional pension and the Government has requested
the Accountant General, Telangana, to release full pension and
pensionery benefits duly adjusting 75% provisional pension already
paid to the petitioner, subject to outcome of judgment of this Court
in Crl.A.No.745 of 2017.
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6. Learned Standing Counsel for respondent No.4 submits that
since Crl.A.No.745 of 2017 is pending before this Court, the
petitioner is not entitled for release of full pension.
7. Having regard to the submissions made by learned counsel
for the respective parties, this Writ Petition is disposed of directing
the respondents to pass appropriate orders on the representations,
10.10.2023, 02.02.2024 and 03.12.2024, submitted by the
petitioner for release of other pensionery benefits, in terms of
G.O.Ms.No.39, dated 25.04.2023, as expeditiously as possible,
preferably within a period of six weeks from the date of receipt of a
copy of this order and communicate a copy thereof to the
petitioner.
Miscellaneous petitions pending, if any, shall stand closed.
No costs.
_____________________
PULLA KARTHIK, J
Date : 24.01.2025.
TMK
