APHC010247972019 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) TUESDAY, THE FIRST TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE B THE HONOURABLE SRI JUSTICE A. WRIT PETITION NO: 11118/2019 Between: Mude Krishnaiah State Of Andhra Pradesh and Others Counsel for the Petitioner: 1. K KOUTILYA Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING (AP) 2. GP FOR MEDICAL HEALTH FW(AP) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B. KRISHNA MOHAN THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION NO: 11118/2019 ...PETITIONER AND State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: Counsel for the Respondent(S): GP FOR FINANCE PLANNING (AP) GP FOR MEDICAL HEALTH FW(AP) IN THE HIGH COURT OF ANDHRA PRADESH [3527] KRISHNA MOHAN HARI HARANADHA SARMA ...PETITIONER ...RESPONDENT(S) 2 HBKM,J& HAHHS,J W.P.No.11118 of 2019 The Court made the following: ORDER: (Per Hon’ble Sri Justice B. Krishna Mohan) Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Services for the respondents. 2. This writ petition was filed against the order passed by the erstwhile Tribunal in O.A.No.2832 of 2018 dated 19.02.2019. 3. It appears that the writ petitioner retired from the service after working as Deputy Civil Surgeon and Resident Medical Officer and Hospital Administrator, Sri Venkateswara Ramnarain Ruia Government General Hospital, Tirupati on 30.06.2006 on attaining the age of superannuation. 4. It was the case of the department that, the petitioner, in view of the involvement in a trap case, there was an Anti Corruption Bureau (ACB) case registered against him and he was implicated in Crime in C.C.No.23 of 2005 before the Special judge for SPE & ACB Cases, Nellore. 5. In view of the pendency of the said criminal case on attaining the age of superannuation, the provisional benefits were paid to the petitioner herein. But the petitioner filed the above said O.A. seeking pensionary benefits as the said Criminal Case was ended in acquittal. After the said case was acquitted by the trial Court, the department preferred the Criminal Appeal against it in Crl.A.No.161 of 2012 and ultimately the same was dismissed by this Court vide judgment dated 25.01.2024. 3 HBKM,J& HAHHS,J W.P.No.11118 of 2019 6. Since the said Criminal Appeal was pending at the time of consideration of the above said O.A., the Tribunal did not interfere for grant of all the pensionary benefits except by fixing the provisional pension @ 75%, pending the above said Criminal Appeal and it further directed that the petitioner herein was entitled to receive the other pensionary benefits like GPF, APGLI, FBF, leave salary etc., except fixation of full pension and gratuity. In view of the pendency of the above said Criminal Appeal at that point of time, the O.A. was disposed of by the erstwhile Tribunal as stated above. 7. Now that both the counsels submit that the Criminal Appeal was dismissed as observed above. 8. In view of the same, as there are change of circumstances, during the pendency of this writ petition, the petitioner is permitted to make representation afresh for the fixation of full pension and other retiremental benefits, if any, which are pending with the department, by enclosing all the necessary documents in support of his claim within a period of four (04) weeks from the date of receipt of this order. On receipt of such representation from the petitioner, the respondent authorities concerned/the respondent Nos.1 to 4 shall consider and dispose of the same as expeditiously as possible strictly in accordance with law within a period of eight (08) weeks thereafter. 8. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. 4 HBKM,J& HAHHS,J W.P.No.11118 of 2019 As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN ____________________________ A. HARI HARANADHA SARMA,J 01.04.2025 PGT