IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] MONDAY,THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 37591/2022 The Court made the following: ORDER:- Heard Ms. S.V.Indira, learned counsel for the petitioner and learned Government Pleader for Services I. 2. The writ petition is directed against the inaction of the respondents in implementing the proceedings of the 3rd respondent dated 11.02.2021 for fixation of pay in revised pay scale of 2005 in the cadre of Assistant Director and non payment of pension, gratuity and other retirement benefits with effect from 01.07.2005 to 28.02.2020 with interest @18% per annum. 3. It is contended that the petitioner was appointed as veterinary surgeon in 1976. Later promoted as Assistant Director of Animal Husbandry. The petitioner was suspended vide proceedings in G.O.Rt.No.103 dated 03.03.1999. He was however, reinstated and transferred as Assistant Director vide proceedings dated 09.06.1999. Subsequently, charge memo was issued to the petitioner vide proceedings dated 25.09.2001. To the said charge memo, the petitioner has submitted his explanation on 27-04-2002. Enquiry officer was appointed on 06-06-2002 to enquire into the allegations. The 2 petitoner was suspended from service vide proceedings dated 27.09.2002. Challenging the same, the petitioner has approached APAT. The Tribunal vide order dated 05.01.2004 has held the suspension as illegal and set aside the same. Against the said order, the writ petition was filed by the respondents in W.P.No.7914 of 2004. The writ petition was dismissed vide order dated 25.06.2004 confirming the order passed in the O.A. 4. The petitioner contends that he was superannuated from service on 30.06.2005 before his superannuation the petitioner was suspended for the 3rd time on 24.06.2005. He contended that the same was done with an ulterior motive to deny him the benefits of retirement. It is stated that the 3rd suspension order was challenged by way of O.A before the Tribunal and the same was set aside by Tribunal vide proceedings dated 15.10.2009. Again challenging the same, the writ petition was filed by the respondents,in W.P.No.20246 of 2010. The writ petition was dismissed vide order dated 02.08.2013 in W.P.No.20246 of 2010. 5. It is contended that the respondents authorities thereafter did not release the pensionary benefits to the petitioner. Another enquiry was ordered, without conducting enquiry imposed penalty of 5% cut in the pension for a period of 6 months, vide proceedings dated 25.06.2016 invoking Rule 9 (20) of A.P. Revised Pension Rules, 1980. The 2nd respondent vide proceedings dated 16.07.2018 ordered to draw retiral benefits. However, the petitioner has started receiving pension with effect from 19.03.2020. 3 6. Pursuant to the representation of the petitioner to the authorities the period of suspension on all the three occasions was treated as on duty- vde G.O.(RT).No. 252 Dated: 25.10.2019. Thus he urges that he is entitled for pension with effect from 01.07.2005 to 28.02.2020 with interest at the rate of 18% per annum. Relies on the decision of the Hon’ble Apex Court in the case of VijayL.MehrotraVs. State of U.P. 7. He further contends that by virtue of proceedings dated 25.10.2019 the petitioner is deemed to be in service for the period of suspension and entitled for pension gratuity and other retiral benefits witheffect from 01.07.2005 to 28.02.2020. 8. The respondents filed counter stating that the petitioner after dismissal from service i.e., 24.06.2005 did not submit any pension proposals to the competent authority for sanction. After receiving the G.O.Rt.No.252, Dated: 25.10.2019, regularizing the suspended period of the petitioner as ON DUTY, with the directions of 5% cut in Pension for a period of Sixmonths, he submitted pension proposals on 11.06.2020 and the same was submitted to Account General, Andhra Pradesh, Amaravathion 16.06.2020 and sanctioned by the Account General on 03.09.2020. And thereby to draw his pension, gratuity and other retirement benefits for a period of 15 years i.e., from 01.07.2005 to 20.03.2020. Accordingly, proposals were submitted to the Pension sanctioning Authority from Deputy Director of Animal Husbandry, Kakinada on Dated:24.06.2021and further an amount of Rs.96,113/- towards the gratuity in revised RPS, 2005 was submitted to Accountant General 4 (A & E), Andhra Pradesh. Further the Accountant General (A & E), Andhra Pradesh has released Revised gratuity amount of Rs.96113/-and revised retirement benefits.And that there is no delay on the part of the respondent. 9. Considered the submissions. 10. The petitioner was dismissed from service on 24-06-2005. The date of superannuation was 30-06-2005. Pursuant to the proceedings in G.O.Rt.No.254 dated 24.10.2019 petitioner has submitted proposals on 11.06.2020. Accordingly, after due approval, the Accountant General has sanctioned the same on 03.09.2020. The reliance placed by the petitioner on the decision of the Hon’ble Apex Court in the case of Vijay L.Mehrotra Vs. State of U.P., is not applicable to the present case. In as much as in the said case no reasons were assigned for causing delay in payment of retiral benefits. Whereas in the present case the petitioner did not submit his pension papers soon after his dismissal from service on 24-06-2005, however he has submitted the same only after issuance of G.O.Rt No.254 dated 24-10- 2019 regularizing the period of suspension as on Duty. In view of the foregoing this court does not find any merit in the contentions of the petitioner. 11. The writ petition is accordingly dismissed. There shall be no order as to costs. As a sequel, interlocutory applications, pending if any, shall stand closed. ____________________________________ JUSTICE KIRANMAYEE MANDAVA Date:28.04.2025 ANI 5 THE HON’BLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION No.37591 of 2022 Date:28.04.2025 ANI