APHCO10219032025 EELE lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special orjgJ-hal JL[rjsdjctjon) FRIDAY,THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITIO N NO.. 11526 OF 2025 Between: TurjmeIIa Neelambaram, s/o. Abraham, Aged 63 years, RetI-red as Dy E.E APCPDCL, R/o. D. No.20-5-666/1, 3rd Ll'ne, Muthyalreddy Nagar, Amaravathl- Road, Guntur, Guntur District-. ".PETITIONER AND 1. A. P Central power Distr,-bution company II-mited (APCPDCL), rep by its chairman and Managing Director, corporate office, Beside polytechnic College, lTI Road, vijayawada, state ofA.P. 2. The state of Andhra pradesh, rep by its principal Secretary, Energy Department, A.P. SecretarI-at, Velagapudj, Guntur District. 3. The chairman and Managing Director, ATpcpDCL, Corporate office, Beside polytechnic college, m Road, vl-jayawada, state ofA.P. (cause Title of Sid Respondent amended as per court order dated o4.07.2025 vI-de IA No.2/2025 jn W.P.No.11526/2025 I-n the Petjtl-on & Affjdav['t) ...Respondents petition under ArtI'CIe 226 of the constjtutl'on 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 one in the nature EEESE + of Writ of Mandamus, declare the action of the respondents in not releasing petitioner's Full Pension and other retI'rement benefits W.e.f the date of his retirement merely on the ground that criminal Appeal vide CRLASR. No. 217 of 2Q20 is pendI'ng before this Hon'ble HI'gh Court, against the acquittal judgment in C.C.No|34 of 2009 dated-30,09.2019 on the fI-le Of Special Judge +for SPE and ACB Cases-Gum-Addl. Metropolitan Sessions Judge, Vijayawada, is contrary to Rule 52 of A.P. Revised PensI'On Rules 1980, and wholly arbitrary, illegal, vindictive in nature, discrimination without jurisdiction and in vl'olation of Article 14, 21 and 300A of the Constitution of India, consequently direct the respondents herein to release Full Pension, Gratuity, Encashmen{ of Earned Leave and Commutation of pension along with 9percent interest from the date of retirement, to till the date of payment, in terms of the settled law reported in 2018(3) ALT 91 and W.P.No. 6474 of 2021 and W.P.No, 19785 of 2021 and W.P.No.4845 of 2023 dated-1-5-2023, immediately to the petitioner. [ANO:1 OF 2025 Petition under SectI'On 151 CPC praying that I'n the Circumstances Stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to pay full pension and Gratuity, Encashment of earned leave and commutation of pension along with 9% interest on the delayed Payments, in terms of the reported judgment in 2018(3) All 91, pending disposal of the above writ petition. Counsel for the Petitioner: M/s. BUGULU SREETEJA Counsel for the Respondent Mos.1 & 3: SRI V.V. SATISH, SC FOR APEPDCL Counsel for the Respondent No.2: GP FOR SERVICES I The Court made the following order.I E€ ¥€ APHCO10219032025 lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (special OrI-ginaI Jurisdiction) FRIDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 11526/2025 [3506] Between : 1.TURIMELLA NEELAMBARAMu S/O ABRAHAM, AGED 63 YEARS, RETIRED AS DY E.E APCPDCL, R/O. D. NO. 20-5-666/1, 3RD LINE, MUTHYALREDDY NAGAR, AMARAVATHI ROAD, GUNTUR, GUNTUR DISTRICT. .UPETITIONER AND 1.A P CENTRAL POWER DISTRIBUTION COMPANY LIMITED APCPDCL, REP BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, BESIDE POLYTECHNIC COLLEGE, ITI ROAD, VIJAYAWADA, STATE OF A.P. 2.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, ENERGY DEPARTMENT. A.P. SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 3.THE CHAIRMAN AND MANAGING DIRECTOR, APCPDCL, CORPORATE OFFICEJ BESIDE POLYTECHNIC COLLEGE, lTI ROAD, VIJAYAWADA, STATE OF A.P. ...RESPONDENT(S).I Petition under Article 226 of the Constitution of lndI'a Praying that I'n the circumstances stated in the affidavit filed therewith, the Hl'gh Court may be pleased to issue a wrl|t order or Direction more particularly one l'n the nature of wrI't Of Mandamus, declare the action of the respondents l'n not releasing PetitiOner'S Full Pension and other retirement benefits w.e.f the date of his 2 I CGR,J W.P.No.11526/2025 retirement merely on the ground that criminal Appeal vide CRLASR. No. 217 of 2020 is pending before this Hon'ble High Court, against the acquittal judgment in c.c.No.34 of 2009 dated-30.09.2019 on the file of special Judge for SPE and ACB Cases-Gum-Addl. Metropolitan Sessions Judge, vijayawada, is contrary to Rule 52 of A.P. Revised Pension Rules 1980, and wholly arbI'trary, illegal, vindict,-ve in nature, discriml'nation wl'thout J-uriSdiCtiOn and l'n violation of Article 14, 21 and 300A of the Constitution of India, consequently direct the respondents herein to release Full Pension, Gratuity, Encashment of Earned Leave and commutation of pension along with 9percent interest from the date of retirement, to till the date of payment, in terms of the settled law reported in 2018(3) ALT 91 and W.P.No.6474 of 2021 and w.p.No.19785 of 2021 and W.P.No.4845 of 2023 dated-1-5-2023, immediately to the petitioner and to pass IANO: 1 OF 2025 Petition under section 151 CPC praying that jn the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to dl-rect the respondents to pay full pension and Gratuity, Encashment of earned leave and commutation of pension along with 9% interest on the delayed payments, in terms of the reported judgment in 2018(3) ALT 91, pending disposal of the above writ petition and to pass lANO: 2 0F2025 Petition under section 151 CPC praying that in the circumstances stated in the affidavit filed I-n Support Of the Petition, the High Court may be pleased may be pleased to permit the petitl'oner to Amend the cause title of 3rd respondent as The Chairman & Managing Director, APCpDCL, Corporate Office, Beside Polytechnic college, ITI Road, Vijayawada, state of A.P wherein ever jt requires l'n the a.bove writ petition, and pass Counsel for the PetI-{iOner: 1.BUGULU SREETEJA Counsel for the Respondent(s): 1.GP FORSERVICES I €\\ I 3 CGR,J w.p.No.11526/2025 The Court made the fo]lOWIIng ORDER: pet'ltioner has retired from service on atta-lning the age of superannuation as Deputy Executive Engineer. While he was working aS Additional Assistant Engineer, on 03.06.2008, raid trap was laid, COnSequently crime number cameo to be registered under section 13 (1) (d) of Prevention of corruption Act. Later, upon investigation and filing Of Charge Sheet, the Same got renumbered as c.c.No.34 of 2009 on the file of the Special Judge for SPE and ACB Cases, Vijayawada. Petitioner was Suspended from Service On o3.06.2008 and reinstated on 19.02.2009. Except the same, nO disciplinary proceedings were initiated against the petitioner. The trial in aforesaid Cr'lminal case ultimately concluded and petitioner came to be acquitted v,|de judgment dated 30.09.2019. Later, the prosecution Preferred Criminal appeal V,'de CRLA.Sr.No.217 of 2020 before this Court which is Stated tO be Pending. petitioner subsequently retired from service on 31.03.2022. As petitioner has been paid provisional pension by proceedings dated 29.12.2023 and he became acquitted, petitioner seems to have submitted representations dated 30.08.2022, 09.ll.2023 and 27.03.2024, requesting tO release entire retirement benefits, pension etc. However, petitioner has not been Paid the same, therefore, preferred the present writ petition. 2. Heard Ms. B. Sree Teja, learned COunSel for the Petitioner and learned Assistant Government Pleader for Services-I for the respondents. ` _--''` 4 CG`R,J W. P. No.11526/2025 3. Learned counsel for the petI|t['Oner, wh[|le reI'{era{ing aforesaid facts and grounds ral|sed in the affjdavI't filed l'n support of the wrl-I petition, would contend that the I|SSue raised js no more res ,-nfeg,a I'n aS much as the DI-Vision Bench of this court jn B.V. KofesM,ar Rao v. sfafe of re/angana lwhich came to be followed jn w.p.No.19785 of 2021 clearly held that mere institution of appeal against acquittal judgment does not entail respondents for withholdl|ng balance pensionary and retI.rement benefits, therefore, urged {o allow the writ petition jn terms of the same. 4. Learned counsel for the respondent-corporation has placed on record wrI'tten instruction, ,Infer-a/,-a, contending that cn'minal proceedings I'nitl|ated agal-nst petjtI|Oner are sti" pending by way of criml-hal appeal before this court, therefore, I|t Cannot be saI'd that not further proceedings are pendI'ng. Therefore, jn vI'eW Of G.O.Rt.No.1097, dated 26.06.2000, they are ent['tled to withhold the termI'nal benefits awaiting disposal of the appeal. 5. ln w.p.No.19785 of 2021, while referring to judgment passed jn B.V. Kofeswar Rao v. sfafe of re/angana which I-n turn 'followed the DjvI'SjOnal Bench judgment, ultimately took the following view.I ll9. ln the present ca:e, it is undisputed that the petitioner has been acquitted of the crimlnaI Case by the trial court on o5,02.2018. The .petitioner has also been punished wI'th WithholdI'ng Of annual Increments without cumulative effect in the proceedings for surcharge. 10. The petI-tl'Oner havI-ng been acquitted, the pendency of the crimI'nal appeal at the instance of the respondents cannot be aground not to release the pensI|Oner's pensI|9n Or retirement benefits, in as much as, it cannot be said that any disclplinary orjudicial proceeding is pending 12018 (3)ALT91 ?2c-I *#ess:I+* 5 CGR,J W.P.No.11526/2025 against the petitioner. There is no justification on the Part Of the respondents not to release the petitioner's retiral benefits. ll. ln B.V.Koteswar Rao (supra), this Court directed to release all the retiral benefits to which the petitioner therein was entitled along with interest @ 10% p.a., from the date of acquittal granted by the Criminal Court till the date of payment." 6. In the present case, the facts are not in dispute that petitioner has been acquitted from Grim-lnal case, however, appeal is pending and that he has already retired from service. Therefore, the ratio laid down above would equally apply to the facts of the present case. 7. Accordingly, the Writ Petition is allowed and the respondents are directed to release all retirement benefits to petitioner as entitled within two (2) months from the date of receipt of a copy of this order. The respondents are further directed to pay aforesaid amount with interest @ loo/o from the date of acquittal till the date of payment. As a sequel, miscel[aneQuS `PetitiOnS, Pending if any, Shall stand closed. -i` ; v,` t" sc!/-plvlNOD KUMAR //TRUE COPY// ASS I SsTEA#SFl :-:I: To, 1. The Chairman and Mariaging Director, A. P. Central Power Distribution company limited APCPDCL, Corporate Office, Beside Polytechnic College, lTI Road, Vijayawada, State ofA.P. 2. The Principal Secretary, Energy Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Guntur District. 3. The Chairman and Managing Director, APEPDCL, Corporate Office, Beside Polytechnic College, ITI Road, Vijayawada, State ofA.P. 4. One CC to M/s. Bugulu Sreeteja, Advocate [OPUC] 5. One CC to Sri V.V. Satish, SC for APEPDCL[OPUC] 6. Two CCs to GP for Services-I, High Court ofAndhra Pradesh [OUT] 7. Two CD Copies. ssh HIGH COURT DATED.. 04/07/2025 ORDEFt WP No.11526 OF 2025 ALLOWING THE WIP. WITHOUT COSTS