IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI'-^ (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF JANUARY ^ TWO THOUSAND AND TWENTY FIVE PRESENT V - ^ IS I® THE HONOURABLE D^JUSTICE -o ij./ K MANMADHA RAO WRIT PETITION NO: 33884 OF 2022 9 / Between: Dr. V. Rajendra Prasad, S/o Late^o.ma Raju, aged about 64 yrs. Retd., Additional Mission Director (MEPMA), In the cadre of Regional Director cum Appellate Authority, Municipal Administration Department, R/o. 16 B- 16/1-76/2, Chandragupta Colony, Eluru, Eluru District ...PETITIOri^ AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Muriicipal Administration ^^rban Development Department, Secretariat, Velagapudi, Amaravathi, Guntur District. ' 2. The Commissioner and Director, Municipal Administration Department, Government of Andhra Pradesh, Prime Hill Crest Building, Near DGP Office, Vaddeswaram, Mangdiagiri, Guntur Dist.,- 522 502 ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ Order of direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents in not releasirig^the 80% Retirement Gratuity under the guise of pendency of FIR NO.13/RCT-VJA/2015, dated 12.5.2015 contrary to G.O. Rt. No. 109^ Finance and Planning (FW Pen.l) Department, dated 22.6.2000 and Rule (1) (c) 2"^^ Proviso of AP Revised Pension Rules, 1980 as illegal, arbitrary, discriminatory and consequently direct the Respondents to release the 80% Retirement Gratuity of the Petitioner in terms of G.O. Rt. No. 1097, dated 52 ^ 22.6.2000 and Rule 52 (1) (c) I Proviso of AP Revised Pension Rules, 1980 and also on the same analogy of similar orders passed in WP No.304^2016, WP No.^45/2020 and WP No.6050/2021. lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to release 80% Retirement Gratuity of the Petitioner pending FIR No.13/RCT-VJA/2015, dated 12.5.2015, in terms of G.O.Rt.No.1097, Finance and Planning Department, dated 22.6.'2"66o on the same analogy of similar orders passed by this Hon’ble Court in WP No.2545^020 and WP,N.o.6050/2021 pending disposal of Writ Petition. Counsel for the Petitioner: SRI A. SREEDHAR Counsel for the Respondent Nos.1 & 2: GP FOR SERVICES IV The Court made the following: ORDER V APHC010555142022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) QMS [3310] THURSDAY ,THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 33884/2022 Between; ...PETITIONER Dr.v.rajendra Prasad AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.ASREEDHAR Counsel for the Respondent(S): 1.GP FOR SERVICES IV The Court made the following Order: The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief; “ to issue a writ, order or direction more particuiariy one in the nature of WRiT OF MANDAMUS deciaring the action of the Respondents in not reieasing the 80% Retirement Gratuity under the guise of pendency of FiR No.13/RCT-VJA/2015, dated 12.5.2015 contrary to the G.O.Rt.No.1097, Finance and Pianning (FW Pen.i) Department, dated 22.6.2000 and Ruie 52(1)(c) 2"" Proviso of AP Revised Pension Ruies, 1980 as iiiegai, arbitrary, discriminatory and consequentiy direct the Respondents to reiease the 80% Retirement Gratuity of the Petitioner in terms of G.O.Rt.No.1097, dated 22.6.2000 and Ruie 52(1)(c) il Proviso of AP Revised Pension Ruies, 1980 and also on the same analogy of similar orders passed in WP No.30443/2016, WP No.2545/2020 and WP No.6050/2021..." 2 % 2. Brief facts of the case are that the petitioner was selected Municipal Commissioner Grade-Ill through APPSC and entered into Municipal Administration Department on 12.01.1990. Thereafter as the petitioner was promoted as Municipal Commissioner Grade-ll in the year 1993. thereafter promoted as Commissioner Grade-1 in the year 1996 and thereafter promoted as Special grade in the year 2000 and Selection Grade in the year 2003 and further promoted to the cadre of Regional Director and Appellate Commissioner in the year 2008. When the petitioner was working as Regional Director at Rajahmundry on 12.05.2015, the ACB officials filed a case against the petitioner and kept under suspension from 12.05.2015. Thereafter, the petitioner was reinstated into service as Additional Mission Director, MEPMA Guntur on 01.06.2018 and thereafter, retired from service on attaining the age Of superannuation on 31.07.2018. The said ACB under the guise of pendency of ACB case, the respondents retirement gratuity of the petitioner. The 2"'^ respondent vide his ROC.NO.20024/363/2018/A1, dated 03.09.2018 case is still pending and are not releasing proceedings has sanctioned the final encashment of earned leave amount, but not releasing the gratuity amount and the same is contrary to Rule 52(1 )(c) of 2 nd Proviso of AP Revised Pension Rules, 1980. The Accountant General Amaravathi has issued Provisional Pension Order, dated (A&E), Andhra Pradesh 19.03.2021, wherein 75% Provisional Pension only has been sanctioned. Further, the Government issued specific instructions for sanction of retirement benefits to the V. 3 Vide G.O.Rt.No.1097, dated 22.06.2000. In view of the Division Bench of this Court in W.P.No.2545/2020 Government servants specific orders passed by a also instructions issued by the Government in G.O.Rt.No.1097, Finance and Department, dated 22.06.2000. Therefore, the petitioner and Planning requested the respondents for payment of 80% of retirement gratuity pending action has been taken by the respondents so far. Aggrieved ACB case. But no by the same, the present writ petition has been filed. 3 jh0 respondents filed counter affidavit denying the allegations respondent vide St made in the writ petition and stated that the 1 MA & UD (Vig,l,1) Department, dated 30.05.2015 informed G.O.Rt.No.367, that Crime No.13/RCT-ACB-VJA/2015 under Sections 7 and 13(2) read with 13(1) of P.C. Act, 1988 was registered by the ACB officials against the 12.05.2015, as the petitioner was involved in moral turpitude petitioner on St collected bribe amount of Rs.50,000/- and accordingly the 1 examination of the matter, have placed the petitioner under demanded and respondent after suspension with effect from the date of his detention i.e., 13.05.2015 in terms Pradesh Civil Services (Classification, Control and of Rule 8(2)(a) of Andhra orders issued in in terms of 1991 and Appeal) Rules, Govt.Memo.No.36761/Ser.C/2004, dated 12.03.2004 until conclusion of all criminal/disciplinary proceedings. Further, the Committee upon review of the of ACB, has recommended to reinstate the petitioner into suspension cases service, after issuing of prosecution orders and accordingly, the 1"‘ respondent 4 vide G.O.Rt.No.16, MA & UD (Vig.l) Department, dated 04.01.2018 reinstated the Accused Officer i.e., petitioner into service and posted him in a non-focal post, without prejudice to the ACB case/disciplinary against him. Accordingly, the 1®' respondent vide G.O.Rt.No.454 have case pending MA & UD (UBS) Department, dated 15.05.2018 had posted the petitioner Mission Director, MEPMA, Guntur and the petitioner joined on 01.06.2018. It is further stated that the 1®' respondent has issued consolidated guidelines payment of pensionary benefits to the Government service pending disciplinary action. As regarding encashment of Earned Leave that as Additional on servants retired from per para 3(B) of said guidelines as per the orders issued in G.O.Rt.No.1097, Finance and Planning (FW.Pen.l) Department, dated 22.06.2000, 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 competent authority, there is a possibility of some money becoming recoverable from his on conclusion of proceedings against him. As such. As such. Encashment of Earned Leave can be regulated accordingly. It in the counter affidavit that accordingly to clause (C) of sub-rule (1) of rule 52 of the Andhra Pradesh Revised Pension Rules, is further stated 1980, no Gratuity shall be paid until the conclusion of the departmental or judicial proceedings and issue of final orders. Hence, the petitioner is not eligible for release of 80% retirement Gratuity in terms of G.O.Rt.No.1097, Finance and Planning V. > (FW.Pen.l) Department, dated 22.06.2000 and Rule 52(1 )(c) 2"' Proviso of AP Revised Pension Rules, 1980. Heard Mr.A.Sreedhar, learned counsel for the petitioner and learned Assistant Government Pleader for Services-IV, for the respondents. 4. 5. On hearing, learned counsel for the petitioner while reiterating the contents urged in the writ petition, submits that, in similar circumstances, the similarly situated persons approached this Court and filed W.P.No.6050 of 2021 and the same was allowed vide order dated 17.03.2021 holding that in view of the Judgment of Division Bench of this Court in W.P.No.30443 of 2016, dated 14.02.2017, this Court considered the scope of G.O.Rt.No.1097, dated 22.06.2000 permitted the retired Government Servant to withdraw the amount on encashment of earned leave available to the credit of his leave account along with 80% Retirement Gratuity. He further submits that, following the principal laid down in the above said judgment and adhering to Clause Proviso of Rule nd 3(B) of G.O.Rt.No.1097, dated 22.06.2000, as well as 2 52(1 )(c) of AP Revised Pension Rules, 1980, this Court permitted the withdraw 80% of Retirement Gratuity and directed the petitioner to respondents to pay 80% Retirement Gratuity in accordance with law. He further submits that the petitioner has made several representations including the representation dated 29.06.2021 to the Director of Treasuries and Accounts reguesting to verify my Pension Payment Orders and other 6 Certificates, and issue suitable orders for an early date. But no action has been taken by the further submits that, in payment of Pension and Gratuity at respondents so far. He view of the Division Bench Judgment, this Court i; similar circumstances allowed the Writ Petitions in W.P.Nos.2545 of 2020 dated 24.02.2020 and W.P.No.6050 of 2021, learned counsel requests this Court to in dated 17.03.2021. Therefore pass appropriate orders. 6. Per Contra, learned Assistant Government reiterating the contents made in the counter affidavit, submits that disciplinary case is pending against the petitioner and there i Pleader while since the IS every possibility of some money becoming recoverable from the petitioner on conclusion of the proceedings against him ahd also it attract sub-rule (2) of Rule Pradesh Civil Services (Classification, Control 22 of Andhra and Appeal) Rules, 1991 and even the 2'^'" respondent had benefited the petitioner and released the final encashment of Earned Leave ROC.NO.20024/363/2018/A1, dated 03.09.2018. to the petitioner vide Proceedings As such, as per the above Government order, the petitioner is not eligible for release of 80% retirement Gratuity in terms of G.O.Rt.No.1097 Finance and Planning (FW.Pen.l) Department, dated 22.06.2000 and Rule 52(1 )(c) 012“ Proviso of AP Revised Pension Rules, 1980. He further submits that the 1®* respondent vide Urban Development had accorded sanction to . G.O.Ms.No.137, Municipal Administration Department (Vig.l) Department, dated 24.04.2018 the Director General, Anti-Corruption Bureau and A.P., Vijayawada for the v_^.. 7 1 prosecution of the petitioner in a Court of Law and contend that the orders passed in W.P.No.6050 of 2021 is not applicable to the present case. He further submits that, in view of the order of this Court dated 04.07.2023 passed in W.P.No.364 of 2021, the petitioner is not entitled for payment of 80% of Gratuity as the ‘judicial proceedings’ and ‘departmental proceedings’ still pending against the petitioner. Therefore, learned Assistant Government Pleader prays to dismiss the writ petition. are 7. Perused the record. On a perusal of the material on record, this Court observed that. Government vide G.O.Rt.No.1097, Finance and Planning (FE.Pen.l) dated 22.06.2000 issued guidelines about Encashment of 8. the Department Earned Leave and Retirement Gratuity, reads as follows; “B. Encashment of Earned Leave: As per the orders issued in G.O. 4"’ 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 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 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 ruie 9 of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Pules, 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 orddrsrihe retirement can be released up to 80% of the eligible retirement gratuity." so 8 9. 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 the above said rule, where departmental proceedings have been instituted under rule 9 of the Andhra Pradesh Civil 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 Services (Classification, Control and Appeal) Rules of the said rules, the Government Servant. It iIS also further provided in the said rule that where a a portion of pension only should be withheld gratuity remains unaffected in the gratuity can be released up to 80% conclusion has been reached that or withdrawn and the retirement contemplated final orders, the retirement of the eligible retirement gratuity. 10. Having regard to the facts and circumstances of the case and perusing the entire material on on record, this Court is of the opinion that, a learned Division Bench of this Court in W.P.No.2545 of 2000. considered the scope of G.O.Rt.No.1097, dated 22.06.2000 Government Servant to withdraw the and permitted the retired amount on encashment of Earned Leave available to the credit of his account along with 80% retirement gratuity. V V 9 11. 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. 12. With the above directions, the Writ Petition is allowed. No costs. 13. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- M.PRABHAKAR RAO ASSISTANT REGISTRAR P //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration & Urban Development Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Comnii^oner and Director, Municipal Administration Department Government of Andhra Pr^esh, Prime Hill Crest Building, Near DGP Office, Vaddeswaram, Mangalagiri, Guntur Dist.,- 522 502 3. One CC to Sri A. Sreedlw, Advocate [OPUC] 4. Two CCs to GP for Servfc^T-IV, High Court of Andhra Pradesh. [OUT] 5. Three CD Copies. ssb HIGH COURT DATED;30/01/2025 ORDER WP.No.33884 of 2022 -s S’ 0 6 MAR 2025 tn Co ■ Current Section ALLOWING THE W.P. WITHOUT COSTS