APHC010296802019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 13649/2019 Between: S.k. Nooruddin Sahib ...PETITIONER AND The State Of AP and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. K MUNI REDDY BALA PRASAD Counsel for the Respondent(S): 1. GP FOR REGISTRATION AND STAMPS (AP) The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents particularly the 3rd respondent in releasing the retirement benefits including gratuity and leave salary of the petitioner who retired on 31.05.2019 as Senior Assistant from the 3rd respondent Office as illegal, unjust, arbitrary, highhanded and against statutory provisions including Section 13 of payment of Gratuity Act, 1972 and consequently direct the respondents to release the retirement benefits including gratuity and earned leave salary 2 Dr.VJPJ, W.P.No. 13649 of 2019 with interest at 12 percent per annum from 01.06.2019…” 2. Heard Sri K. Muni Reddy Bala Prasad, learned counsel for the petitioner and the learned Assistant Government Pleader for Services-I on behalf of the respondents. 3. Learned counsel for the petitioner would submit that the petitioner worked as Senior Assistant in Registration and Stamps Department and retired on 31.05.2019 while working at Madanapalle, Chittoor District. Learned counsel would further submit that the respondent No.3 has failed to release the retirement benefits including the gratuity and leave salary of the petitioner. Hence, direct the respondents to release the same with interest @ 12% per annum from the date of due i.e., 01.06.2019. 4. Learned Assistant Government Pleader for Services-I on Written instructions received from the District Registrar, would submit that while working as Junior Assistant at Sub-Registrar’s Office, Piler, the petitioner is involved in tampering of the records relating to RH page No.696 & 697 relating to S.Nos. 1971 and 1972 of Doddipalle Village. A case has been registered against the petitioner and others. Learned Assistant Government Pleader would further submit that the Departmental Action has been initiated against the petitioner. As on the date of retirement, the criminal case as well as the departmental proceedings were pending. So the provisional pension was sanctioned and retirement benefits and G.P.F and Group Insurance Scheme were also sanctioned to the individual. Learned Assistant Government Pleader 3 Dr.VJPJ, W.P.No. 13649 of 2019 would further submit that the Government have issued G.O.Ms.No. 565, Revenue (Vigilance.II) Department dated 27.11.2023 imposing the penalty of 3% cut in monthly pension permanently against the petitioner. The criminal case is pending for trial before the concerned Court. Learned Assistant Government Pleader would further submit that after disposal of the criminal case, the further course of action will be taken regarding the claim of the petitioner. 5. Learned Counsel for the petitioner in reply would submit that the petition may be disposed of giving liberty to the petitioner to challenge the G.O.Ms.No. 565, Revenue (Vigilance.II) Department dated 27.11.2023. 6. Considering the submissions made and a fair look at the material placed on record, as rightly put by the learned Assistant Government Pleader, the criminal case and Departmental proceedings were pending against the petitioner as on the date of retirement. As such, the provisional pension has been granted to the petitioner. The Departmental proceedings found him guilty, so the Government have taken a decision to impose penalty at 3% cut in the monthly pension permanently. It is also not disputed that a criminal case in C.C.No. 77 of 2021 is pending on the file of Additional Junior Civil Judge’s Court, Piler, coming up for Trial and directed to be listed on 14.05.2025. Such being the case, this Court cannot direct the respondent-authorities to release the amounts as claimed by the petitioner. 4 Dr.VJPJ, W.P.No. 13649 of 2019 7. In that view, the petition is disposed of. However, the petitioner is at liberty to challenge the G.O.Ms.No. 565, Revenue (Vigilance.II) Department dated 27.11.2023, if so advised according to law. No order as to costs. Pending applications, if any, shall stand closed. ____________________________________ Dr. VENKATA JYOTHIRMAI PRATAPA, J Date:23.04.2025. UPS 5 Dr.VJPJ, W.P.No. 13649 of 2019 07 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.13649 of 2019 Dated. 23.04.2025 UPS