A IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 16394 OF 2024 Between: E. Ananda Rao, S/o Late E.Krishna Murthy, aged about 62 years, R/o Flat No. 403, Sesha Sai Apartments, Shanti Nagar, Sathrampadu, Eluru, Eluru District ...PETITIONER AND 1. The State of Andhra Pradesh, represented by its Special Chief Secretary to Government, Department of Animal Husbandry, Dairy Development and Fisheries, at Secretariat, Velagapudi, Amaravathi, Guntur District 2. The State of Andhra Pradesh, represented by its Principal Secretary to Government, Department of Finance and Planning, at Secretariat, Velagapudi, Amaravathi, Guntur District 3. The Commissioner of Fisheries, Near Mana Gramam, Bandar Road, Poranki, Vijayawada, NTR District 4. The Joint Director of Fisheries, MDR 80, 6'^ Cross Road, Postal Colony, Eluru, West Godavari District (presently Eluru District) 5. The Regional Vigilance and Enforcement Officer, Department of Vigilance and Enforcement, Eluru, West Godavari District (presently Eluru District) 6. The Accountant General, State of Andhra Pradesh, Vijayawada, NTR District. (Respondent No.6 impleaded as per C.O. dt 29.01.2025 vide IA No.2 of 2024 in WP No.16394 of 2024) =1 ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ or Writs, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of Respondents in not taking steps for deleting/discharging the name of the petitioner from the enquiry and in not forwarding the proposals of the petitioner to the Office of Accountant General, Vijayawada, for payment of pensionary benefits and all other benefits to the petitioner as bad, arbitrary and contrary to Pension Rules as well as G.Os issued by the Government from time to time and also offends Arts. 14 and 21 of the Constitution of India. may lA NO: 1 OF 2024 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 Issue appropriate orders for release of terminal benefits due to the petitioner, including the pensionary benefits at the earliest, as per G.O.Rt. 1097 Finance & Planning (FW.Pen.f) Department dated 22.6.2000, in order to meet the ends of justice. Counsel for the Petitioner: M/s. M. VIDYAVATHI Counsel for the Respondent Nos.1 to 5: GP FOR SERVICES I Counsel for the Respondent No.6: SRI K. SWARNA SESHU, SC FOR A.G The Court made the following: ORDER APHC01C323912024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] 0*^ MONDAY ,THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 16394/2024 Between: E .ananda Rao ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.M VIDYAVATHI Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following: ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s;- “...to issue an appropriate Writ or Writs Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondents in not taking steps for deleting/discharging the name of the petitioner from the enquiry and in not forwarding the proposals of the petitioner to the Office of Accountant General Vijayawada for payment of pensionary benefits and all other benefits to the petitioner as bad arbitrary and contrary to Pension Rules as well as G.Os issued by the Government from time to time and also offends Arts 14 and 21 of the Constitution of India and to pass such other order or orders.... 2. Heard Ms.Vidyavathi, learned counsel for the petitioner and learned Assistant Government Pleader for Services I appearing for the respondents. 3. Petitioner while working as Assistant Director of Fisheries, Eluru, as the Joint Director of Fisheries, Eluru, was on leave on medical grounds, was deputed to work in the said post for a short duration and accordingly was posted there by proceedings dated 19.05.2020. It is stated that petitioner hardly worked there for 13 days and thereafter he has been relieved from the said post. Respondent issued notice dated 20.03.2023 calling upon the petitioner to submit No.5 explanation with regard to certain payments made to ineligible firms/individuals Joint Director of Fisheries. Petitioner has submitted during his short tenure as explanation on 10.04.2023 explaining inter alia that he hardly worked there from 14.05.2020 to 31.05.2020 and that during the said period he was not within the helm of any financial transactions and therefore pleaded ignorance of any such 3 payment. Subsequently, respondent No.3 has addressed a letter dated 05.03.2024 to respondent No.1 forwarding proposals for initiation of disciplinary proceedings against the persons involved in misappropriation of Government funds, and proposed disciplinary action against 9 persons including petitioner by enclosing the draft article of charges. 4. Subsequently, respondent No.3 had addressed a letter dated 27.04.2024 to the Accounts General informing that in view of the anticipated disciplinary action against the petitioner as he is going to attain superannuation on 30.04.2024, the pensionary benefits were to be settled in terms of Rule 3(1) & (2) of Andhra Pradesh Civil Services (Conduct) Rules, 1964, also Rule 52 of Andhra Pradesh Pension Revised Rules, 1980, and G.O.Rt.No.1097 Finance and Planning (FE.Pen.l) Department dated 22.06.2000 on provisional basis. Thereafter, neither the petitioner has been communicated with article of charges nor any departmental proceedings came to be initiated under the pretext of anticipated initiation of departmental proceedings, petitioner has not been settled with the retiremental benefits. Petitioner submitted appeal to respondent No.1 on 09.07.2024, requesting to provide retirement benefits in terms of G.O.Rt.No.1097 dated 22.06.2000. Learned counsel for the petitioner submits that though respondent No.3 has communicated to respondent No.1 proposals for initiation of disciplinary proceedings against 9 officers, even as on today, petitioner has not been issued any articles of charge, thereby there are no disciplinary proceedings pending as such against petitioner. Therefore, the respondents are not justified in withholding retiremental benefits in spite of the petitioner’s representation to respondent No.1 5. 4 for release of the pensionary benefits, even in terms of G.O.Rt.No.1097 dated 22.06.2000 has not been considered which is clearly arbitrary and illegal. 6. Learned counsel for the petitioner has relied on the order passed by Co-ordinate bench of this court in W.P.No.31547 of 2022, and in particular placed reference to paragraph No. 19 and contended that petitioner is entitled for Pensionary and retiremental benefits in terms of G.O.Rt.No.1097 dated 22.06.2000, even assuming that the departmental proceedings are pending against him. The show cause notice issued by respondent No.5 calling upon petitioner to explain about payment of amounts and the reply submitted by petitioner was only an exercise conducted at pre-investigation stage and even otherwise after submission of such explanation, nothing has transpired thereafter and neither respondent No.5 nor respondent No.3 has taken any further steps against the petitioner. 7. Learned Assistant Government Pleader on the other hand submits that respondents, treating the anticipated disciplinary proceedings to be pending, have processed petitioner’s claim for settlement of pensionary and retiremental benefits in terms of G.O.Rt.No.1097 and in fact, petitioner has been paid General Provident Fund and Andhra Pradesh Government Life Insurance for an amount for an amount of Rs.4,75,574/- and Rs. 1,12,436/- on 24.03.2025, and further that insofar as other claims are concerned, the Family Benefit Fund (FBF) and Andhra Pradesh State Employee Group Insurance Scheme (APSEGIS) is being worked out and the same will be settled soon. This Court having examined the contentions and gone through the record finds that as of now there are no disciplinary proceedings as such pending 8. 5 A against the petitioner. Though respondent 05.03.2024 for ini No.3 has made a proposal on initiation of disciplinary proceedings against 9 officers on date, petitioner has not been issued departmental proceedings apparently as any articles of charge being thereby are pending as such. Anticipated departmental granting and settlement of no proceedings never a hindrance for pensionary and retiremental benefits, and the same can be construed to be in vogue only upon issuing of charge memo, which is lacking in the present case. Though respondents tried to justify their action by trying to settle the pensionary and that inasmuch against the petitioner, the does not arise. retiremental benefits in terms of G.O.Rt,No.1097, this Court finds as there are no disciplinary proceedings pending question of applying afore Government Orders 9. In view of the same and for stands allowed and the reasons mentioned above, the writ respondents are directed to petition settle and pay the as entitled under law to the petitioner within of receipt of a copy of this order. pensionary and retiremental benefits a period of three (03) months from the date There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. SD/- N.NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTI FICER To, 1. The Special Chief Secretary to Government, Department of Animal Husbandry, Dairy Development and Fisheries, State of Andhra Pradesh, at Secretariat, Velagapudi, Amaravathi, 2. The Principal Secretary to Government, Department of Finance and Planning, State of Andhra Pradesh, at Secretariat, Velagapudi, Amaravathi, Guntur District 3. The Commissioner of Fisheries, Near Mana Poranki, Vijayawada, NTR District 4. The Joint Director of Fisheries, MDR 80 Colony, Eluru, West Godavari District (presently Eluru Guntur District Gramam, Bandar Road 6th Cross Road, Postal District) 5. The Regional Vigilance and Enforcement Officer, Vigilance and Enforcement, Eluru. West Godavari District (presently EluruDistrict) 6. The Accountant General, State of Andhra Pradesh, Vijaya\A/ada, NTR District. 7. One CC to M/s. M. Vidyavathi, Advocate [OPUC] 8. One CC to Sri K. Swarna Seshu, SC for A.G[OPUC] 9. Two CCs to GP for Services-I, High Court of Andhra 10. Three CD Copies. Department of Pradesh. [OUT] ssb HIGH COURT DATED;28/04/2025 ORDER WP.No.16394 of 2024 s May ^^^SSSHEO 3K5 ALLOWING THE W.P. WITHOUT COSTS