Extracted from the PDF above. The PDF is authoritative.
APHC010692362025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] SATURDAY,THE TWENTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 35495/2025 Between: B. Nagaraju ...PETITIONER AND The Government Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. N B CHANDRA SEKHAR Counsel for the Respondent(S):
1. GP FOR SERVICES I The Court made the following:
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THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.35495 of 2025 O R DE R:
1. The Writ Petition is filed questioning the withholding of the pension, gratuity, APGLI and other retirement benefits of the Petitioner as illegal and arbitrary.
2. The Petitioner while working as Line Inspector was trapped by the ACB Officials for demanding and accepting bribe for doing official work. On the basis of the trap, criminal proceedings were initiated against the Petitioner and eventually, the Additional Special Judge for SPE & ACB cases, City Civil Court, vide
Judgment dated 09.07.2007 had convicted the Petitioner in C.C.No.24 of 2002 and sentenced to undergo one year imprisonment. The Petitioner thereafter filed appeal thereon vide Crl. Appeal No.959 of 2007, which was dismissed by this Court on 14.03.2023 and confirmed by the Hon’ble Supreme Court in SLP (Crl) No.6536 of 2023 on 24.07.2023. Pursuant to the conviction in the criminal case, the Petitioner was dismissed for service with effect from 18.08.2007. Questioning the same, the Petitioner filed W.P.No.19282 of 2007 and in this said Writ Petition, this Court passed an interim order suspending the Order
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of dismissal. Pursuant to the interim order passed, the Petitioner continued in service and had retired from service on 31.01.2023. In the light of the retirement, W.P.No.19282 of 2007 was dismissed as infructuous vide Order dated 15.11.2024. As the Petitioner continued in service, albeit, on interim order of this Court as mentioned above, seeks Pension, Gratuity and other retirement benefits to the Petitioner.
3. Learned Standing Counsel for the Respondent Corporation would submit that the Petitioner having been convicted is not entitled for Pension and Gratuity as provided under the A.P. Revised Pension Rules.
4.
Learned counsel for the Petitioner submits that though the Writ Petition is filed for pension and gratuity and other retirement benefits, he concedes to the fact that the Petitioner is not entitled to pension and gratuity in view of Rule 9 of the AP Revision Pension Rules, 1980, but limits his arguments for other benefits that he is entitled to.
5. Learned Standing Counsel for the Respondent Corporation submits that since the Petitioner is not insisting for pension and gratuity, the other entitlements of the Petitioner will be examined
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by the Respondents and appropriate decision will be taken taking note of the relevant rules.
6. Heard the respective counsel.
7. Considering the submissions made, the Writ Petition is
disposed with the following directions: i) The Respondents are directed to grant the retirement benefits to which the Petitioner is entitled to ( other than the Pension and Gratuity) as per the rules despite conviction and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this
Order. ii) There shall be no order as to costs.
As a sequel, the miscellaneous petitions, if any, pending in this Petition shall stand closed __________________ NYAPATHY VIJAY, J Date: 20.12.2025 eha
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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
WRIT PETITION NO:35495/2025 Dt. 20.12.2025
eha