K. Nagaraju Vs The State of Andhra Pradesh

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APmOl 0028792024

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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THURSDAY, THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

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WRIT PETITION NO: 1639 OF 2024

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Between:

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K. Nagaraju, S/o. Late. Siranna, Age- 62 years, Occ-^{HostelWelfare} Officer Gr-I (Retd), R/o.H.No.4-169, Athmakuru (VandM), Ananthapuram District

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...Petitioner

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AND

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The State of Andhra Pradesh, Rep by its Principal Secretary, B.C. Welfare Department, Secretariat, Velagapudi, Guntur^District.

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The Director of B.C. Welfare State of Andhra Pradesh, Vishal Residency, Tadigadapa, Vijayawada, NTR District.

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The District Collector, (BC) Welfare, Ananthapuram, Ananthapuram District.

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The District B.C. Welfare and Empowerment Officer, Ananthapuramu, Ananthapuramu District.

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The Accountant General, State of Andhra Pradesh, 27, MG Rd, Governor Peta Vijayawada, A.P

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...Respondents

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or direction more particularly^{oneinthenature}

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of Writ of mandamusby declaring the entire action of the respondents in not sanctioning full pension and other retiral benefits such as gratuity, commutation value of pension, consequent on his retirement^ason31-05- 2021, in the obscene of any valid departmental / judicial proceedings is as highly illegal, arbitrary, unjust, improper, colorable exercise of power, vindictive attitude, violative of article 14 ,16 and 300 -A of the Constitution of India. (B) And Consequently direct the respondents to forthwith to pay the remaining 25percent pension, and other retiral benefits such as full pension, gratuity, commutation value of pension, to the petitioner with interest @ 24percent per Annam from the date of retirement till actual payment is made.

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lA NO: 1 OF 2024

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to forthwith to pay the remaining 25 % pension, and other retiral benefits such as full pension, gratuity, commutation value of pension, to the petitioner.

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Counsel for the Petitioner: SRI SANTHAPUR SATYANARAYANA RAO Counsel for the Respondents: GP FOR SOCIAL WELFARE

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The Court made the following order:

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APHC010028792024 IN THE HIGH COURT OF ANDHRA

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PRADESH [3460] AT AMARAVATI

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(Special Original Jurisdiction)

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THURSDAY.THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

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WRIT PETITION NO: 1639/2024

Between;

K. Nagaraju

...PETITIONER

AND

The State Of Andhra Pradesh and Others ...RESPONDENT{S)

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Counsel for the Petitioner:

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1.SANTHAPUR SATYANARAYANA RAO

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Counsel for the Respondent{S):

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GP FOR SOCIAL WELFARE

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The Court made the following:

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THE HON’BLE SRI JUSTICE NYAPATHY VIJAY

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W.P.No.1639 of 2024

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ORDER:

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In the present Writ Petition, the Petitioner is questioning the action of the Respondents in not releasing full pension and other retiral benefits pursuant to his retirement dated 31.05.2021.

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The Petitioner was initially appointed as Grade-ll^Hostel Welfare Officer on 04.07.1992 and thereafter, he was promoted as Grade-1 Hostel Welfare Officer on 31.05.2021. Eventually on attaining the age of superannuation, the Petitioner^was allowed to retire from service on 31.05.2021 while he was working at Government B.C. Boys Hostel, Madhudi Village Agali Mandal. However, the retirement benefits were not paid to the Petitioner apart from pension. Questioning the^same the present Writ Petition is filed.

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After initiation of the Writ Petition, the Respondents^issued a Charge Memo on 29.01.2024 vide G.O.Ms.No.9, BCW(D) Department, whereunder 11 Articles of Charges were^framed against the Petitioner pertaining to the Petitioner working as

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3

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Hostel Welfare Officer (warden), Grade-ll Madhudi Village from 16.08.2015 to 31.05.2021.

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Learned counsel for the Petitioner would submit that as the Charge Memorandum was not issued on the date of retirement, retirement benefits need not be withheld. He further submits that certain benefits, such as encashment of earned leave and 80% of retirement gratuity can be paid to the retired employee, even while disciplinary proceedings are ongoing.^He further submits that at least that amount should be released to the Petitioner. 5. Learned Assistant Government Pleader would submit that the charges framed against the Petitioner are grave in nature and are related to misappropriation of funds and therefore, no relief can be granted to the Petitioner. As regards G.O.Rt.No.1097, dated 22.06.2000 the learned Asst. Government Pleader submits that the Petitioner can make a representation to the Respondent authorities for release of encashment of earned leave and a portion of retirement gratuity, and his claim would be examined based on the charges framed against the Petitioner.

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The Government, after taking note of various litigations for the release of pensionary benefits for the employees,^who are facing disciplinary or judicial proceedings, had issued G.O.R.T. No. 1097, dated 22.06.2000. As per the said^G.O.Rt encashment of earned leave can be granted in whole or part of cash, and as per Clause (C), retirement gratuity to^anextentof 80% can be released in favour of the delinquents subject^tothe committed value of the pension, and other benefits^cannotbe granted to the Petitioner. In view thereof, the present Writ Petition is disposed of with the following directions;

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(i) The Respondents are directed to consider the case^of

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the Petitioner for release of encashment of earned^leaveand retirement gratuity up to 80% as provided in G.O.R.T.^No.1097 dated 22.06.2000 within a period of one (1) month from^the date of receipt of a copy of this Order.

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(iil) There shall be no order as to costs.

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As a sequel, miscellaneous applications, if any, shall^stand closed.

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Sd/- B PRASADA RAO ASSISTANT ISTRAR

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//TRUE COPY//

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To,

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