APHC010213152019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 9637/2019 Between: Shaik Hidayathulla ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. G V GANGADHAR Counsel for the Respondent(S): 1. BUTTA VIJAYA BHASKER 2. BUTTA VIJAYA BHASKAR (SC FOR SRI VENKATESWARA UNIVERSITY 3. GP FOR IRRIGATION COMM AREA DEV The Court made the following: ORDER: The instant Writ Petition is filed by the Petitioner seeking indulgence of this Court under Article 226 of the Constitution of India for the following relief: “... to issue a Writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in failing to consider the representation of the petitioner dated 13.03.2011, 22.03.2011, 21.07.2011 and 28.01.2013 for grant of balance pensionary benefits as per the revised pay scales 2010 as illegal, arbitrary and contrary to law and consequently, direct the respondents to consider the representations of the petitioner dated 10.03.2011 22.03.2011 21.07.2011 and 28.01.2013 in terms of the orders passed by this Court in WA No.552/2013 dated 08.08.2013 and to extend the similar benefit to the petitioner by releasing the balance retirement benefits including pension forthwith.” 2. Heard Sri G.V.Gangadhar, learned counsel for the Petitioner and learned Standing Counsel for respondent No.2-University. Perused the material on record. 2 3. Learned counsel for the Petitioner would submit that the Petitioner was kept under suspension for alleged acting unprofessional and negligent towards duties in executing the civil works and misappropriation of university funds. Learned counsel would further submit that the petitioner is innocent of alleged offences. The disciplinary action has been initiated against him for the alleged misappropriation of university funds. In that connection, a criminal case was registered against him in Crime No.26/2012 of CID, RCIU, Tirupati. Further, the Petitioner retired from service on 31.08.2016, on attaining age of superannuation. Since, the criminal case is pending, the petitioner could not get his pension, pensionary benefits and increments. 4. Learned Standing Counsel would submit that the University has released 80% of the pension to the Petitioner and the remaining amounts were withheld and will be disbursed to him soon after disposal of the criminal case pending against him. 5. Considering the submissions and a fair look at the material on record and as rightly put by learned Standing Counsel, petitioner is now getting 80% of the pension. The crime is of the year 2012 and it is an old case. Because of pendency of the criminal case, he could not get the other retirement benefits. 6. Since the crime is of the year 2012 which is an old case, it is apposite to direct the CID, RCIU, Tirupati where the case is pending, to conclude investigation in Crime No. 26 of 2012 and file report according to law, within two (2) months from the date of receipt of copy of this order. 3 7. With the above direction, the Writ Petition is disposed of. No order as to costs. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* Copy of the Order be communicated to Station House Officer, CID, RICU, Tirupati. 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No. 9637 of 2019 10.04.2025 Mjl /*