Disposed

P.Venkateshwarlu v. The District Panchayat Officer

Telangana HC19 Dec 2024WP(TR)/6036/2017

Case brief

AI extract

What is this about?

Writ petition by a retired panchayat employee for release of pension and retirement benefits withheld due to a pending criminal case. After the employee's death his wife was impleaded, and the underlying FIR had been quashed. The court directed respondents to release full benefits within two months.

What did the court decide?

Respondents directed to release full pension and other retirement benefits withheld due to the criminal case to petitioner No.2 within two months, after obtaining necessary documents.

P.Venkateshwarlu Vs The District Panchayat… — Pension and Retirement Benefits | Telangana HC (2024)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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THURSDAY, THE NINETEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SMT JUSTICE T,MADHAVI DEVI

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WRIT PETITION fiR ) NO: 6036 OF 2017

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Between:

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1 . P.Venkateshwarlu, (Died) L.R. Petitioner No.2.

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Smt. P. Venkatamma, Wlo. Late P. Venkateshwarlu, Aged about 63 years, Occ Housewife, Rl/o. Arlagudem Village, Chilkur Mandal, Suryapet Distriat. As per Court order dated 19.09.2024 vide l.A.No.1 of 2024 in WP(TR).No.6036 ot 2O17. Petitioner No.2 is impleaded.

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...PETITIONER

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AND

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The District Panchayat Officer, Nalgonda, Nalgonda District. 50800'1 2. The Divisional Panchayat Officer, Miryalguda, Nalgonda District. 508001 3. The District Audit Officer, State Audit, Nalgonda- 508001.

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The Mandal Parishad Development Officer, M.P., Chilkur, Nalgonda District.

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5 The Commissioner for Panchayat Raj and Rural Employment, A.P., Hyderabad. 500029

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b. The State of Telangana, represented by lts Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat, Hyderabad. 500022

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7 The Accountant General for the State of Telangana and State, of A.P., Hyderabad. -500004

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...RESPONDENTS

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Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to declare that the applicant is entitled for release of pension and other retirement benefits consequent on his retirement from service on attaining the age of superannuation on 30-6-2015 with all consequential benefits including interest on belated payments by holding the action of the respondents in not releasing the pension and other retirement benefits of the applicant consequent

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on his superannuation from service without any justification or reasonabre cause even though no disciprinary proceedings are pending against him as on the date of retirement or tifl now is as iflegar, arbitr:ary, unjust and subversive of Articres 14,^'t 6 and 21 of the Constitution.

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lA NO:2 oF 2024

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Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the respondents to forthwith rerease famiry pension to the petitioner including Gratuity, commutation, Leave Encashment, G.p.F. and also the pending 10, 16 years automatic advancement scares of the petitioner,s husband release the pension and other retirement benefits of the petitioner.

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counsel for the^petitioner: SRI MUKHRAM KHAN, REPRESENTTNG FoR SRI D.BALA KISHAN RAO, ADVOCATE

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Counsel for the Respondent No.1, 2 & 4 to 6: Gp FOR SERVICES

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counsel for the Respondent No.3 & 7: SRr M.MURALT KRT.HNA, sc FoR Ac The Court made the following: ORDER

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, l

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THE HON'BLE SMT. JUSTTCE T. MADHAVI DEVI

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WRIT PETITION lTRl No.6O36 of 2O17

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ORDER:

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This writ petition has been filed by petitioner No. 1 seeking release of pension and other retirement benefits consequent to his retirement from service on attaining the age of superannuation on 30.06.2015 with all consequential benefits including the interest.

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By way of an interim order dated 24.06.2016 in O.A.No.2337 of 2016, the Andhra Pradesh Administrative Tribunal has directed the respondent No. 1 to release the eligible pensiona4r benefits including the provisional pension of the applicant/petitioner No. 1 pending criminal case. It was observed that a criminal case in Crime No.13 of 2016 on the file of Chilkur Police Station, Nalgonda was registered against the petitioner for the offences under Sections 42O, 417 and 468I.P.C.

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The learned counsel for the petitioner now submits that the said crime has already been quashed by a coordinate Bench of this Court in Writ Petition No.13O2 1 and 6725 of

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2O16, vide common order dated 29.01.2024 and a copy of^the

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same is enclosed along with I.A.No.1 of^{2024. He further}

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submitted^{that since petitioner No.l has died, his wife has} come on^{record as petitioner No'2 in this writ petition'vide} order dated^{lg.Og.2O24in I'A'No'lof 2024'}

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In view of^{the above, this Court deems it lit and proper} to direct the^{respondents to take tJ'e same into consideration} and pass necessary^{ordersfor release of full pensionand other} retirement^{benefits to the petitionerNo'2,which were withheld} due to the^{pendencyof the criminalcase' The benefits shall be} given to the^{petitioner No'2 after obtaining necessary} documents^{from her, within a period of two months from the} date of receipt^{of a copy of this order'}

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