Andhra Pradesh High Court - Amravati
V.Rama Rao vs The District Collector, on 12 March, 2020
Author: T. Rajani
Bench: T. Rajani
SMT JUSTICE T. RAJANI
WRIT PETIION No.6700 OF 2020
ORDER:
This writ petition is filed, under Article 226 of the Constitution of India, seeking to declare the action of the respondents in not releasing pension and other retiral benefits of the petitioner, even though he was allowed to retire from service, vide proceedings of the 1st respondent dated 31.10.2019, as illegal.
2. Heard the counsel for the petitioner and the Government Pleader for Social Welfare appearing for the respondents.
3. The counsel for the petitioner submits that the petitioner has retired from service on 31.10.2019 and he submitted his pension papers in November, 2019, but the said papers are not being processed and the pension is not yet granted. The counsel for the petitioner also submits that there is no departmental enquiry pending against the petitioner. He relies on the interim order of the High Court of Judicature at Hyderabad in Writ Petition No.16092 of 2017, dated 28.4.2017, wherein this Court, in similar circumstances, directed the respondents to release full pension and gratuity and granted liberty to the petitioner to apply for commutation, if no charges are framed by the Tribunal for Disciplinary Proceedings.
4. Hence, in terms of the above said order, there shall be a direction to the 2nd respondent to process the pension papers of the petitioners and release all retirement benefits, if he is 2 otherwise found to be eligible, within a period of eight weeks from the date of receipt of a copy of this order.
5. With the above directions, the writ petition is disposed of. No order as to costs. Miscellaneous petitions, pending if any, shall stand closed.
______________ T. RAJANI, J March 12, 2020.
YS