Andhra Pradesh High Court - Amravati
K Mohana Babu, vs The State Of Andhrapradesh, on 21 April, 2022
Author: Battu Devanand
Bench: Battu Devanand
1
HIGH COURT OF ANDHRA PRADESH
MAIN CASE No.: CC Nos.1254, 1720 and 1259 of 2021
PROCEEDING SHEET
Sl.
ORDER
No DATE
DEV,J
21 .04. 22
In the Affidavit filed by Respondent Nos. 1 and 2, it is stated that after issuance of G.O.R.T.No.564, Revenue (Vig.IV) Department, dated 14.09.2021, all the amounts pertaining to Encashment of Earned Leave, Pension Arrears and Gratuity were credited to the Petitioner's account. With regard to 12% interest on pension Arrears and Gratuity, concerned Treasury Authorities have informed that 'without approval of the Finance Department and Heads of Account for drawl of 12% interest on pension Arrears and Gratuity, it is not feasible to draw the arrears and pay to the individual'.
It is further averred in the said Affidavit that keeping in view of the objections of the Treasury Department, Government has moved a file bearing Computer No.1647879 to the Finance Department, A.P. Secretariat, for issuance of necessary concurrence of the 2 orders issued in G.O.R.T.No.564, dated 14.09.2021, so as to release the pensionary benefits i.e., 12% interest on pension arrears and gratuity, which are pending to the petitioner, and the remarks/Concurrence of the Finance Department is awaited. Soon after receipt of the orders from the Finance Department, necessary orders will be issued in the matter.
Considering these averments, the petitioner filed an application before this Court in I.A.No.3 of 2022 seeking to implead the Finance Secretary as Respondent No.3 and the said application is ordered by this Court on 23.03.2022 and a Notice was issued to Respondent No.3.
On behalf of Respondent No.3, Sri Aswartha Narayana, learned counsel, filed Vakalat and sought time to file Counter Affidavit.
Considering the facts and circumstances of the case, this Court inclined to issue Notice in Form-1 to the Respondent No.3 as the Order of this Court could not comply with by the Respondent Nos. 1 and 2 in true spirit in view of the inaction of the respondent No.3. 3
Accordingly, the Registry is directed to issue Notice in Form-1 to the Respondent No.3.
_ ____ DEV,J eha