APHC010487792024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] THURSDAY ,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 27547/2024 Between: Badari Tara Chand ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. SAYED SARDAR SAHEBKIL Counsel for the Respondent(S): 1. KALYAN CHAKRAVARTHY R 2. GP FOR SERVICES I The Court made the following: THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION No.27547 of 2024 ORDER: This writ petition is filed under Article 226 of Constitution of India seeking following relief: “to declare the action of the respondents in not releasing the Encashment of Earned Leave amounts and 80% Retirement Gratuity on mere pendency of (1) CC/88/2018 on the file of the Hon’ble Court of special judge for SPE and ACB Cases, Rajamhendravaram, (2) CC/141/2018 on the file of the Hon’ble court of special judge for SPE and ACB Cases, Rajamahendravaram, (3) FIR No.01/RCT-RJY/2023 dated 19-01-2023 pending without any progress, contrary to the Rule 52(C) II Proviso of A.P.Revised Pension Rules and also contrary to the existing Rules, G.O.Rt.No.1097, Finance and Planning (FW Pen.l) Department, dated 22.06.2000 as illegal, arbitrary, discriminatory, consequently direct the respondents to release Encashment of Earned Leave along with 80% of Retirement Gratuity of the petitioner, pending FIRs in terms of Similar Orders passed in W.P. No.2545 of 2020, dated 24.02.2020 and W.P.No.3421 of 2021, dated 19.03.2021 and Division Bench Orders passed in W.P.No.30443 of 2016, dated 14.02.2017 and pass such other orders.” 2. Heard Sri Sayed Sardar Sahebkil, learned counsel, appearing for petitioner, learned Assistant Government Pleader 2 CGR, J W.P. No.27547 of 2024 for Services – I, appearing for the respondents 1, 2 and 5 and Sri R.Kalyan Chakravarthy, learned standing counsel, appearing for respondents 3 and 4. 3. Petitioner has retired as Executive Engineer while working with 3rd respondent Corporation on 28.02.2023. During service, he was initially implicated in ACB trap case in the year 2010, the same has later culminated into C.C. No.88 of 2018 pending on the file of learned Special Judge for SPE and ACB Cases, Rajamahendravaram. Later, another crime was also registered on the allegation of corruption for disproportionate assets, which is presently pending in C.C. No.141 of 2018 on the file of learned Special Judge for SPE and ACB Cases, Rajamahendravaram. Both the cases are pending for trial. Though petitioner has retired from service, on account of pendency of aforesaid two criminal cases, the respondents have retained the gratuity, encashment of earned leave and other benefits. Petitioner has made several representations dated 24.05.2023, 03.07.2023 and 26.09.2023 by placing reliance on G.O.Rt.No.1097, Finance and Planning (FE.Pen.I) Department, dated 22.06.2000, claiming for releasing of the retiremental benefits in terms of the same. However, as the 3 CGR, J W.P. No.27547 of 2024 respondents have not passed any orders, petitioner preferred present writ petition. 4. Learned counsel for petitioner by referring to G.O.Rt.No.1097, dated 22.06.2000, contends that respondents are not entitled to withhold all the amounts on mere pendency of criminal cases and that petitioner is entitled to be paid 80% of retirement gratuity besides releasing encashment of earned leave. Petitioner has also placed reliance on orders passed by the Coordinate Bench of this Court in W.P. No.33884 of 2022, which followed the orders passed by the Division Bench of this Court in W.P. No.2545 of 2000, which has considered the purport of G.O.Rt.No.1097, dated 22.06.2000. 5. Per contra, learned standing counsel appearing for respondents tried to justify the action of respondents contending that in view of pendency of criminal cases, the respondents have withheld the aforesaid amounts as claimed by petitioner to be entitled. 6. 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.I) Department, dated 22.06.2000, issued guidelines 4 CGR, J W.P. No.27547 of 2024 about Encashment of Earned Leave and Retirement Gratuity, reads as follows: “B. Encashment of Earned Leave: As per the orders issued in G.O. 4th 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. As such, Encashment of Earned Leave can be regulated accordingly. C. Retirement Gratuity: Accordingly to clause (C) of subrule (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 further provided in the said rule that where a conclusion has been reached that a portion of pension only should be withheld or withdrawn 5 CGR, J W.P. No.27547 of 2024 and the retirement gratuity remains unaffected in the contemplated final orders, the retirement can be released up to 80% of the eligible retirement gratuity.” 7. 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 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 further 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 gratuity can be released up to 80% of the eligible retirement gratuity. 8. 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 6 CGR, J W.P. No.27547 of 2024 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. 9. 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. 10. With the above directions, this writ petition is allowed. No costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. _______________________ CHALLA GUNARANJAN, J 01.05.2025 SS