APHC010443692018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 20739/2018 Between: 1. R U B U V NAGENDRA BABU, R.U.B.U.V.NAGENDRA BABU, S/O.LATE PITCHAIAH, AGED ABOUT 56 YEARS, OCC- RETD. EMPLOYEE, R/O. MUNAGAPADU VILLAGE, CHERUVU MADHAVARAM POST, G.KONDURU MANDAL, KRISHNA DISTRICT, A.P. KRISHNA ...PETITIONER AND 1. UNION OF INDIA, THE UNION OF INDIA, REP.BY ITS PRINCIPAL SECRETARY RAILWAYS, NEW DELHI. GUNTUR 2. SOUTH CENTRAL RAILWAYS, RAILWAY NILAYAM, SECUNDERABAD, REP. BY ITS GENERAL MANAGER. 3. THE DIVISIONAL RAILWAY MANAGER DRM, SANCHALA BHAVAN, SECUNDERABAD. 4. THE DIVISIONAL PERSONAL OFFICER DPO, SANCHALA BHAVAN, SECUNDERABAD ...RESPONDENT(S): Counsel for the Petitioner: 1. B V ANJANEYULU Counsel for the Respondent(S): 1. JUPUDI V K YAGNADUTT(CENTRAL GOVERNMENT COUNSEL) The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “.... a Writ of Mandamus declaring the action of the respondents 2 to 4 in not granting retirement benefits and pension though the petitioner has submitted requisite pension forms as illegal, arbitrary 2 and violation of principles of natural justice and further direct the respondents to pay retirement benefits and pension to the petitioner.” 2. Heard Sri B.V.Anjaneyulu, learned counsel for the Petitioner and Sri Jupudi V.K. Yagnadutt, learned Central Government Pleader for Respondents. 3. Learned counsel for the Petitioner would submit that the Petitioner was imposed with a penalty of compulsory retirement, in a departmental enquiry. Learned counsel would further submit that, Petitioner could not get his retirement benefits and pension, thought he submitted the pension forms. Learned counsel would submit that, a direction may be given to the Respondents to pay the retirement benefits and pension to the Petitioner. 4. Learned Central Government Pleader would submit that, Court may pass appropriate orders, since the impugned order dated 07.10.2017 itself shows that penalty was imposed against the Petitioner with full terminal benefits. 5. Considering the submissions made and a fair look at the material placed on record, a departmental enquiry was conducted against the Petitioner since a case was lodged against him by his wife in C.C.No.46 of 2015 on the file of the Court of Judicial First Class Magistrate, Mylavaram. The said case was withdrawn before Lok Adalat vide Award dated 10.02.2018, wherein the Petitioner herein agreed to pay half of the salary and half of the retirement benefits to his wife. Whereas, in departmental enquiry, 3 the Petitioner was awarded with penalty of compulsory retirement from railway service vide Order dated 07.10.2017. 6. A keen perusal of the impugned order discloses that, a penalty of compulsory retirement of the Petitioner from railway services with full terminal benefits with immediate effect has been imposed. Needless to say that the compulsory retirement does not take away the rights of the employee regarding his pension and terminal benefits, unless there is a statute specifically says so. Nothing has been brought to the notice of this Court as to any statute to that effect. In the absence of any such statute debarring the Petitioner from receiving his pension and the retiral benefits in case of compulsory retirement, he cannot be deprived of the same. 7. In that view, the Writ Petition is allowed directing the Respondents- Authorities to settle the retiral benefits and pension of the Petitioner within a period of one month from the date of receipt of copy of this Order. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:24.03.2025 Dinesh 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.20739 of 2018 Dt.24.03.2025 Dinesh