Andhra Pradesh High Court
WP/26233/2023 of TANIKELLA SURYA PRAKASH Vs THE STATE OF ANDHRA PRADESH on 29 December 2023
& KM, J WP. No.26233 of 2023 HON’BLE SRI JUSTICE U.DURGA PRASAD RAO AND HON’BLE SMT. JUSTICE KIRANMAYEE MANDAVA WRIT PETITION No.26233 of 2023 ORDER: (per Justice U.Durga Prasad Rao) The petitioner placed the writ of mandamus declaring the action of the respondents in not
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HON’BLE SRI JUSTICE U.DURGA PRASAD RAO
AND
HON’BLE SMT. JUSTICE KIRANMAYEE MANDAVA
WRIT PETITION No.26233 of 2023
ORDER: (per Justice U.Durga Prasad Rao)
The petitioner placed the writ of mandamus declaring the action of the respondents in not processing and releasing the retirement benefits and monthly pension of the petitioner since 01.05.2021, even though no departmental enquiry was pending against him as illegal, arbitrary and for a consequential direction to the respondents to forthwith process and release the pension and retirement benefits of the petitioner and other benefits.
2. The learned Standing Counsel appearing for the respondent Nos.2, 3 & 5 by producing a copy of the letter in ROC.No.1691/2023-Vigilance Cell, dated 12.10.2023 addressed by the 5[th] respondent to the 1[st] respondent, would submit that, a regular Departmental enquiry ordered against the petitioner was ended in imposing a penalty of withholding of 5% of pension for a period of one (01) year and pending the enquiry proceedings, the charged employee i.e., the petitioner was permitted to retire from service voluntarily on 30.04.2021.
3. The learned Standing Counsel would further submit that the 2[nd]respondent, while forwarding entire enquiry file in D.E.No.3/2019, has requested to take action as per the Rule 9 of A.P. Revised Pension Rules 1980. He would further submit that the Registry of the 5[th] respondent has forwarded the letter of the 2[nd] respondent along with the enquiry file relating to the petitioner herein and requested to take necessary action as per the Rule 9 of A.P. Revised Pension Rules, 1980. He would further submit that the file was received in the office of the 1[st] respondent on 27.10.2023, for further processing the pension of the petitioner and further orders in that regard are awaited from the office of the 1[st]respondent.
4. The learned Government Pleader for Home and Law, on instructions, while admitting about the receipt of the file of the petitioner for processing the pension of the petitioner would submit that necessary action according to Law will be taken up within a reasonable time.
5. On that, Sri S. Srinivasa Rao, learned counsel for the petitioner requested this Court to give a direction to the 1[st] respondent to process the pension file of the petitioner within a reasonable time.
6. Having regard to the above respective submissions of both the learned counsel, this Writ Petition is disposed of with a direction to the 1[st] respondent to process the pension file of the petitioner and pass necessary orders in accordance with governing law and Rules, expeditiously but not later than three (03) months from the date of receipt of a copy of this order. No costs. As a sequel, interlocutory applications pending, if any, shall stand closed.
____________________________
U. DURGA PRASAD RAO, J
_____________________________
KIRANMAYEE MANDAVA, J
29.12.2023
Issue C.C. by 02.01.2024 B/o. KPV
KPV
HON’BLE SRI JUSTICE U.DURGA PRASAD RAO AND HON’BLE SMT. JUSTICE KIRANMAYEE MANDAVA
WRIT PETITION No.26233 of 2023(per Justice U.Durga Prasad Rao)
29.12.2023