IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 10294 OF 2025 Between: N. Kesava Rao S/o. Narasimha Rao, aged about 60 years, Retd Assistant Archi ectural Draftsman, (AADM), Andhra Pradesh Capital Region Development Authority(APCRDA), Vijayawada “ Jaiprakashnagar, Tenali, Guntur District, PIN- 52220. R/o. 7-1-19/AU ...PETITIONER AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary Municipal Administration and Urban Development (VIG IV. 2) Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner, Andhra Pradesh Capital Region Development Authority (CRDA), Vijayawada, NTR District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus, declaring the impugned Endorsement issued by the 2"' Respondent dated 29-12-2024 rejecting the claim of the Petitioner for sanction of SOpercent Retirement Gratuity under guise of pendency of FIR 18/RCT~ACB - VJA - 2008, dated 8-12-2008, Under Section 7 of the Prevention of Corruption Act, 1988 as illegal, arbitrary, contrary to G.O. Rt. No. 1097, Finance and Planning Department dated 6-2000 and Rule 52 (1) (c) 2^^ Proviso of AP Revised Pension Rules and consequently direct the Respondents to release Retirement Gratuity of the Petitioner in terms of G.O.Rt.No. 1097, Finance may 22- 1980 the 80 percent and Planning Department dated 22-6-2000 and Rule 52 (1) (c) Proviso of AP Revised Pension Rules, 1980 and on the same analogy of similar in WP. No. 2545/2020, WP. No. 6050/2021 and ordej^^ passed i tA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondents to release 80% Retirement Gratuity of the Petitioner pending FIR N0.18/RCT- ACB - VJA /2008, dated 8-12-2008, in terms of G.O.Rt.No. 1097, Finance fit Planning Department, dated 22-6-2000 on the same analogy of similar orders passed by this Hon ble Court in WP.No. 2545./2020 and WP No. 6050/2021 WP No.33884/2022 pending disposal of the Writ Petition. Counsel for the Petitioner: SRI A. SREEDHAR Counsel for the Respondent No.1 : GP FOR SERVICES I Counsel for the Respondent No.2 : Mrs. S. PRANATHI, SC FOR APCRDA The Court made the following: ORDER % y<:’ APHC010184612025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] WEDNESDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 10294/2025 Between: ...PETITIONER N Kesava Rao AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.ASREEDHAR Counsel for the Respondent(S): 1.GP FOR SERVICES I 2 HCGR, J W.P. No. 10294 of 2025 The Court made the following order: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:- “...to issue a writ, order or direction more particularly one in the nature of writ of Mandamus, declaring the impugned Endorsement issued by the 2'’'^ Respondent dated 29-12-2024 rejecting the claim of the Petitioner for sanction of 80% Retirement Gratuity under guise of pendency of FIR 18/RCT-ACB-VJA-2008, dated 8-12- 2008, Under Section 7 of the Prevention of Corruption Act, 1988 as illegal, arbitrary, contrary to G.O.Rt.No.1097, Finance and Planning Department dated 22-6-2000 and Rule 52 (1) (c) 2^"^ Proviso of AP Revised Pension Rules, 1980 and consequently direct the Respondents to release the 80 % Retirement Gratuity of the Petitioner in terms of G.O.Rt.No.1097, Finance and Planning Department, dated 22-6-2000 and Rule 52 (1) (c) 2^'^ Proviso of AP Revised Pension Rules, 1980 and on the same analogy of similar orders passed in WP.No.2545/2020, W.P.No.6050/2021 and 33884/2022 and to pass such other order or orders...” Heard Sri A.Sreedhar, learned counsel for the petitioner and learned Assistant Government Pleader for Services-I for 2. respondents. 3. Petitioner was initially appointed as Junior Assistant Architectural Draftsman in VJTM Urban Development Authority. On abolition of VJTM Urban Development Authority, petitioner services were absorbed into APCRDA. While working at APCRDA, he retired from the service on 31.08.2024. As he was involved in trap case, placed under suspension on 10.12.2008 and later came to be reinstated into service on 06.02.2012. Pursuance to the said trap, petitioner was implicated in Crime No.18/RCT-ACB-VJA/2008 dated 3 > HCGR, J W.P.No.10294 of 2025 08.12.2008 for the offences punishable under provisions of the Prevention of Corruption Act, 1988. So far, the ACB has not filed any charge sheet and criminal case is still under investigation. Though petitioner retired on 31.08.2024, on the guise of pendency of aforesaid crime, respondents have not released retirement gratuity. 2"^ respondent by proceedings dated 29.12.2024 has sanctioned 50% of encashment of earned leave. However, did not release the gratuity, which he is entitled at the rate of 80%. He is also paid provisional pension at the rate of 75%. Petitioner has made representation dated 10.10.2024 claiming for aforesaid benefit, which came to be rejected by 2"'^ respondent endorsement dated 29.12.2024, on the ground that criminal enquiry is pending against petitioner. Learned counsel for the petitioner has contended that in terms 4. of G.O.Rt.No.1097, Finance and Planning (FE,Pen.l) Dept., dated 22.06.2000, petitioner is entitled to pay 80% of eligible retirement gratuity, which is traceable to Rule 52(1 )(C) of the Andhra Pradesh Revised Pension Rules, 1980. He also places reliance on order passed by Coordinate Bench of this Court in W.P.No.33884 of 2022 dated 30.01.2025. 5. Learned Assistant Government Pleader appearing for respondents does not refute the aforesaid contentions. 4 HCGR, J W.P. No. 10294 of 2025 A Coordinate Bench of this Court in aforesaid judgment, while 6. considering the purport of G.O.Rt.No.1097, Finance and Planning (FE.Pen.l) Dept., dated 22.06.2000, held as follows; “...8. On a perusal of the material on record, this Court observed that, the Government vide G.O.Rt.No.1097, Finance and Planning (FE.Pen.l) Department, dated 22.06.2000 issued guidelines about Encashment of Earned Leave and Retirement Gratuity, reads as follows: “B. Encashment of Earned Leave: /As per the orders issued in G.O. 4"’ read above, the authority competent to grant leave, in the above mentioned cases may withhold whole or part of cash equivalent of earned leave, if in the view of the competent authority there is a possibility of some money becoming recoverable from him on conclusion of the proceedings against him. On conclusion, the retired employee will become eligible to the amount so withheld after adjustment of the Government dues, if any. ^s such. Encashment of Earned Leave can be regulated accordingly. C. Retirement Gratuity: Accordingly to clause (C) of sub-rule (1) of rule 52 of the Andhra Pradesh Revised Pension Rules, 1980, on Gratuity shall be paid until the conclusion of the departmental or judicial proceedings and issue of final orders. According to the proviso to the above said rule, where departmental proceedings have been instituted under rule 9 of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991, for imposing any of the penalties specified in clauses (I), (ii) and (Iv) of rule 9 of the said rules, except the cases falling under sub-rule (2) of rule 22 of the said rules, the Government Servant. It is also fudher provided in the said rule that where a conclusion has been reached that a portion of pension only should be withheld or withdrawn and the retirement gratuity remains unaffected in the contemplated final orders, the retirement can be released up to 80% of the eligible retirement gratuity. ” Admittedly, according to clause (c) of sub-rule (1) of rule 52 of the Andhra Pradesh Revised Pension Rules, 1980, on Gratuity shall be paid until the conclusion of the departmental or judicial proceedings and issue of final orders. According to the proviso the above said rule, where departmental proceedings have been instituted under rule 9 of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991, for imposing any of the penalties specified in clauses (i), (ii) and (iv) of rule 9 of the said rules, except the cases falling under sub-rule (2) of rule 22 of the said rules, the Government Servant. It is also further provided in the said rule that where a conclusion has been 9. 5 •fc HCGR, J W.P. No. 10294 of 2025 reached that a portion of pension only should be withheld or withdrawn and the retirement gratuity remains unaffected in the contemplated final orders, the retirement gratuity can be released up to 80% of the eligible retirement gratuity. 10. Having regard to the facts and circumstances of the case and on perusing the entire material on record, this Court is of the opinion that, a learned Division Bench of this Court in W.P.No.2545 of 2000, considered the scope of G.O.Rt.No.1097, dated 22.06.2000 and permitted the retired Government Servant to withdraw the amount on encashment of Earned Leave available to the credit of his account along with 80% retirement gratuity. 11. Therefore, following the principle laid down in the above judgment, adhering to Clause 3(B) of G.O.Rt.No.1097, dated 22.06.2000, the petitioner is permitted to withdraw the 80% retirement gratuity and the respondents are directed to pay 80% retirement gratuity to the petitioner, in accordance with law, within a period of two (02) months from the date of receipt of a copy of this order...” In view of the above, writ petition is to succeed. Accordingly, 7. Writ Petition is allowed and the impugned endorsement dated 29.12.2024, issued by 2""^ respondent, is set aside and respondents are directed to pay 80% of Retirement Gratuity to the petitioner within a period of six (06) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// i SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration and Urban Development (VIG IV. 2) Department, State of Andhra Pradesh Secretariat, Velagapudi, Amaravathi, Guntur District 2. The Commissioner, Andhra Pradesh Capital Region Development Authority (CRDA), Vijayawada, NTR District. 3. One CC to Sri A. Sreedhar, Advocate [OPUC] 4. Two CCs to GP for Services I, High Court of Andhra Pradesh. [OUT] 5. One CC to Mrs. S. Pranathi, SC for APCRDA (OPUC) 6. Three C.D. Copies. L" Cnr HIGH COURT DATED:23/04/2025 ORDER WP.No.10294 of 2025 t 2 9 APR 2025 ^ . Current Section >^gSPATCV<^ ALLOWING THE W.P. WITHOUT COSTS