The Court allowed a writ petition seeking the release of 80% of ungratified retirement benefits. Relying on prior judgments regarding disproportionate assets cases, the Court directed the respondents to pay the dues within four weeks.
Release of 80% of retirement gratuity to be completed by respondents within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HON’BLE SRI JUSTICE D.V.S.S.SOMAYAJULU
WRIT PETITION No.18647 of 2021
ORDER :
Heard the learned counsel for the petitioner, Ms. Gayathri Reddy, learned Standing Counsel for the 1st respondent and Sri Gowtham, learned counsel representing Sri Y. Nagi Reddy, learned Standing Counsel for the other respondents.
The petitioner before this Court is seeking the release of 80% of gratuity, which has not been released because of the pendency of the Crime No.14/RCA-ACB-VJA/2010, dated 24.7.2010.
The matter was adjourned to today for hearing. Both the learned Standing Counsels appearing for the respondents agree that till date there is no substantial progress in the said case, which is pending before the Special Judge for SPE and ACB Cases, Vijayawada. It is also clear the case relates to the alleged disproportionate assets of the petitioner. Since it is a case relating to disproportionate assets it is clear that it does not lead to any recovery. In line with the judgment passed by this Court in W.P.No.2545 of 2020, which is based upon by the Division Bench judgment in W.P.No.30443 of 2016, this Court is of the opinion that the respondents should be
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directed to forthwith process and pay 80% of the retirement gratuity without reference to the pendency of the criminal case.
With the above observation, the Writ Petition is allowed. The entire exercise should be completed by the respondents 2 to 5 within a period of four (4) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.
As a sequel thereto, the miscellaneous petitions, if
any, pending in this Writ Petition shall stand closed.
______________________________ D.V.S.S.SOMAYAJULU,J
Date : 15.9.2021 GR
2 issues framed by the court
Whether the pendency of a disproportionate assets case bars the release of 80% retirement gratuity.
Whether respondents are directed to process and pay 80% of gratuity without reference to criminal case delays.
Petitioner
Respondents 1 to 5
D.V.S.S. Somayajulu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
