1 APHC010269382024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] FRIDAY,THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 13523/2024 Between: 1. S ZUBAIDA BEGUM, W/O. SYED GHOUSE MOHIUDDIN, AGED ABOUT 64YEARS, OCC-REGIONAL JOINT DIRECTOR (RETD), WD AND CW DEPARTMENT, KURNOOL, R/O.H.NO. 45/128C-1, N.R.NAGAR, KURNOOL ...PETITIONER AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, WOMEN DEVELOPMENT AND CHILD WELFAREDEPARTMENT, SECRETARIAT BUILDINGS AMARAVATHI AT VELAGAPUDI, GUNTUR DISTRICT. 2. THE DIRECTOR, WOMEN DEVELOPMENT AND CHILD WELFARE DEPARTMENT, GUNTUR. 3. THE REGIONAL JOINT DIRECTOR, WD AND CW DEPARTMENT KURNOOL. ...RESPONDENT(S): 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 tomay be pleased to issue a writ, order or direction more particularly one in the nature of a Writ of Mandamus declaring the action of Respondents in withholding the pensionary benefits of the Petitioner as illegal, arbitrary, 2 unconstitutional and against the Circular Memo No. 993 083 / FI No. 1 - 11 ROCL / 9 - 2019 -HR- III Finance (11 R- 111 - Pension) Dept, dated 15.03.2020 and also Rule 9 (2) (b) (ii) of AP Revised Pension Rules 1980, consequently direct the Respondents No. 1 and 2 to drop further action in this regard and forward the pension proposals to the Accountant General, Andhra Pradesh, Vijayawada in order to release the same and to pass IA 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 may be pleased to direct the Respondent No.1 to consider the Representation Dt: 10-4-2024 submitted by the Petitioner forthwith and pass IA NO: 1 OF 2026 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 May be pleased to grant leave to file counter affidavit in W.P.No. 13523/2024 in the interest of justice and may be pleased to pass Counsel for the Petitioner: 1. RAMAKRISHNA AKURATHI Counsel for the Respondent(S): 1. GP FOR WOMEN DEV CHILD WELFARE 2. GP FOR SERVICES II The Court made the following: ORDER: 1. The present writ petition is filed seeking to declare the action of the respondents in withholding the pensionary benefits of the petitioner as illegal, arbitrary, un-constitional and against the Circular Memo dated 15.03.2020 and also Rule 9(2)(b)(ii) of A.P. Revised Pension Rules, 1980 and consequently direct the respondents 1 and 2 to drop further action in the matter. 3 2. The contention of the learned counsel for the petitioner is that the petitioner was retired as Regional Joint Director, Women Development & Child Welfare Department, Kunool on 31.07.2019 on attaining the age of superannuation and the disciplinary proceedings initiated against the petitioner while she was in service were disposed of by the Government of Andhra Pradesh by imposing the penalty of 5% cut in the pension for a period of two years vide G.O.Rt.No.146 dated 20.12.2023. Thereafter, the petitioner submitted a representation dated 17.01.2024 to the Commissioner (W.D & CWD) for onward transmission to the Account General, Andhra Pradesh, Vijayawada for release of her pensionary benefits. Quite surprisingly the 2nd respondent vide his memo dated 26.03.2024 while returning the pension proposal of the petitioner to the RJD, Kurnool-3rd respondent has informed that he was facing the allegations of the failure to comply DPC orders in purchase of Eggs during the years 2012-13 and 2013-14 and responsible for the loss of Rs.3,21,867/- to Government exchequer. Aggrieved by the said action of the respondents, the petitioner filed the present writ petition. 3. After notice, the respondents have filed their counter stating that based on the vigilance report dated 08.08.2023, the petitioner has failed to comply with the District Purchase Committee orders in purchase of eggs during the years 2012- 13 and 2013-14 and responsible for the loss of Rs.3,21,867/- to the Government exchequer and accordingly a report was sent to the Government for taking up for 4 examination and taking up appropriate action against the petitioner. The same is pending before the Government. 4. Considering the submissions and on perusal of the averments made in the counter, infact, the petitioner was retired from service in the year 2019 and that the observations made in the vigilance report is for the years 2012-13 and 2013- 14, the writ petition is disposed of without going into the merits of the case directing the respondents to consider the case of the petitioner for release of the pensionary benefits as per Rule 9(2)(b)(ii) of A.P. Revised Pension Rules, 1980. If any report is pending before the Government pertaining to the petitioner, the same may be considered and pass appropriate orders, in accordance with law, within a period of three months from the date of receipt of copy of this order, failing which the respondents shall release the pensioanry benefits to the petitioner within a further period of two months thereafter. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. _____________ D. RAMESH,J Date:06.03.2026 Gk. 5 THE HON’BLE SRI JUSTICE D. RAMESH WRIT PETITION No.13523 OF 2024 Date:06.03.2026 Gk