Telangana High Court
WP/23636/2004 of K.Hanumanth Rao Vs HRD Commerical IPCANDReforms on 28 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 23636 of 2004 Between: K.Hanumanth Rao S/o.Late K.Rama Rao 1-10-304, Brahmanvadi, 7th
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE K.C. BHANU
WRIT PETITION NO : 23636 of 2004
Between:
K.Hanumanth Rao S/o.Late K.Rama Rao 1-10-304, Brahmanvadi, 7th Lane opp.Amogha Apartments, Begumpet, Hyderabad 500 -16.
AND
..... PETITIONER
The Joint Managing Director
HRD Commerical IPC&Reforms AP TRANSCO
Vidyuth Soudha, Hyderabad 500 082.
.....RESPONDENT
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased toissue an appropriate writ order or direction, more particularly one in the nature of writof certiorari, to call for the records pertaining to impugned memoNo.CCM(HRD&Trg) DE(DE)/111-NC/2004-1. dt 21-5-2004 on the file of respondentand quash the same as illegal, arbitrary and violative of Rule 9(2)b(ii) ofA.P.Revised pension rules, 1980 as adopted by the A.P.TRANSCO.
Counsel for the Petitioner:MR.A.M.RAO
Counsel for the Respondent : MR.S.RAVINDRANATH, STANDING COUNSEL
The Court at the stage of admission, made the following :
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ORDER:
The present writ petition is filed by the petitioner to quash theImpugned Memo No.CCM(HRD & TRG DE(DC)/111-NC/2004-1dated 21-5-2004 issued by the respondent-Corporation as illegal,arbitrary and violative of Rule 9(2)(b)(ii) of A.P.Revised PensionRules, 1980.
The facts are in narrow compass. The petitioner worked in therespondent-Corporation and retired from service on 17.02.2003.Thereafter the impugned proceedings dated 21.5.2004 have beenissued to the petitioner calling for his explanation as to why the entirepensionary benefits of Rs.11,80,897/- should not be adjusted againstthe recoverable amount. Challenging the same, the present writpetition is filed.
The learned counsel appearing for the petitioner contended that recovery of alleged amount relates to the period from 1992 to 1995and the same is contrary to the Rule 9(2)(b)(ii) of Revised PensionRules, 1980 and therefore, prays to set aside the same.
On the other hand, the learned Standing counsel appearing for therespondent-Corporation opposed the same on the ground that it isonly a show-cause notice and that the petitioner can as well give hisexplanation.
The jurisdiction of the authority who issued the show-cause notice isnot under challenge. The petitioner in pursuance of the impugnedproceedings, gave his explanation and the same shall have to beconsidered by the respondent-Corporation in accordance with Rule9(2)(b)(ii) of the A.P.Revised Pension Rules, 1980 and any otherrelevant Rules which are applicable to the facts of the case.
Therefore, without entering into the merits of the case, a direction isgiven to the respondent-Corporation to take a decision and passappropriate orders as per Rule 9(2)(b)(ii) of A.P.Revised PensionRules, 1980 and any other relevant Rules which are applicable forthe purpose of deciding the present issue, within a period of onemonth from the date of receipt of a copy of this order.
The writ petition is disposed of accordingly. No order as to costs.
___________
28.12.2004
NOTE:Office to furnish C.C within two days(B.O)
bsv
To
The Joint Managing Director
HRD Commerical IPC&Reforms AP TRANSCO Vidyuth Soudha, Hyderabad 500 082.
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