K. Ranga Swamy v. The State of Telangana

Heard Sri M. Krupakar, learned counsel appearing on learned Assistant Government behatf of the Petitioner, PleaderforSocialWelfare,appearingonbehalfof respondent No.1, Sri S' Bhcopal Reddy' learned Standing CounselforTSWREIsociety.appearingonbehalfof respondent No.2 and Sri K' Balakrishna' learned counsel appearing on behalf of respondent No'3' The Detit ner aDproa ched the Co rt seeki nn 2 as under: "-..to issue a Writ or order or direction in the nature of declaring the action of the Writ of Mandamus Lr, No.Pensionl 162512020 Dated Respondent No.2 in Og-o2-2021for withheld entire Gratuity Amount and the 1't Respondent in issulng proceedings Letter No' 984/ SCD/ECn A2l2O2l, Dated 23-09-2022 issuing show- cause notice in imposing a penalty of 5olo cut in pension duly withholding gratuitY arnount for the last 2 years is illegal, arbitran,l and viclation of principles of natural and 21 of violative of Articles 14, 16 justice and direct the of Indla and consequentlY Constitution Respondents to pay entire Gratuity Amount with interest : ._l 2 --!-:i: nl SN, J w a 704J 2023 and other Pension Benefits and pass such other order or orders. .. "

3. The casr: of the petitioner, in brief, is that the petitioner had been appointed as pGT Maths w.e.f. 16.10.1990 and posted to TSRSJC, Sihaikpet, Hyderabad, thereafter, 2,d respondent promoted the petitioner as lunior Lecturer in Mathematics and retained the petitioner in the same institution. While the petitioner was working as Junior Lecturer during the year 2013, the 2nd resporrdent has placecl the petitioner under suspension for being late fbr 5 minutes to the institution on 20.06.2013.and later, reinstated the petiticner vide proceedings dated 24.07.2013 and posted to Alair, Nalgonda District and regularized th€: suspension period of +1 days vide proceredings dated 03.06.2016. The 2nd respondent issued charge sheet to 12 teachers to conduct a common enquiry along with the pt-.titioner vide proceedings; dated OB.07.2OL3.It is.further the case of the petitioner that charges were Cropped against the similarly situated employees, but the petitioner however was irnposed with punishmerrt of postponement oi 2 Annual Grade Increments with cumulatil,e effect. Aggrieved thereby, the petitioner challenged the :said action of the 2"d respondent before the High Court by flling W.p. Nc. 15397 cf 20L6, whereby the Hon,ble - r*:- - ;:., i 6 3 SN, J wP '1043 2023 Court directed the znd respondent to release the two Annual Grade Increments for the petitioner and the same was duly complied by the Respondent No.2, and the petitioner retired from service on 31.01.2021. It is further the case of the petitioner that the 2nd respondent issued proceedings dated 09.02.2021 addressed to the 3'd respondent herein to withhold entire Gratuity amount of the petitioner. The petitioner made a representation dated 27.O1.2023 to the l't respondent to release entire gratuity amount with interest at 60/0 per annum on par with similarly situated employees who were extended the said benefit vide orders dated 3I.t0.2022 passed In W.P. No. 20480 of 2021, but the respondents have not considered the same. Aggrieved by the same, the petitioner approached this Court by filing the present writ petition. PERUSED THE RECORD

4. The imo uo ned letter vide Lr. Rc.No.Pension tL625l 2020, datedO 9.O 2.2O2L of the resoondent No.2 ddressed to the re oondent No.3 he racted h re U nd er: "I am forwarding herewith the Service Pension proposals along with the Service Register in respect of \ 4 SN, J wP 7041 2023 Sri. K. Rangaswamy, Principal Gr-1, retired on attaining the age of superannuation on the AN of 31.01.2021. Authority Beneficiary. 1) Paft-1 information furnished by the Govt. Servant pension 2) Parl'.-71 (A) Information filled by the pensior Sanctioning 3) Part-II (B) Sanction Order of pensioners Benefts 4) Part-II(C) Particulars from date of joining to retirement. 5) Anrrr:xure - I Descriptive roll 6) Anr-rexure - iI Nomination 7) Copy of Annexure - III B) Serv ce Register of Govt. Servant 9) LPC: 10) Ide rt.ification certificate. "ln this connection I have to state that, he has been awarded the punishment of "Postponement of two annual grade ncrements with cumulative effect,' vide prrocgs. Rc.No.T/Dis/Z-VIlPrl.Estt/1662/2075 dated 18.04..2016 in compliance to Hon'ble High Court orders in W.p. pl.p. No. 19080 ,:f 2016 in W.P. No. 75397 of 2016 the irrposed punishrnent was suspended vide proceedings dated 02.02.2017 subject to final outcome of the judgrnent in w.P. Irlo. 15397 0f 2076, the Court case is filed v Sri K. P -6.r a swam Ibrahimpatnam, Ranoa reddv district, is still pqndino befo re the Hon'ble H o h Court- an he nce thp -ei$lc oratuitv of the individua I is withheld s biect to outcome of W.P, TSW q/ralRl D Drirr ct l? F-T I therefore request the AG. TS. Hyderabad kindly to authorze the pensionary benefits in respect of Sri K. a 5 SN. J wP 7043 2023 Rangaswamy, Principal Gr-7, TSWRS/JC(B), Ibrahimpatnam, Rangareddy district and also to issue the PPO/commutation authorization at an early date, to DTO Rangareddy, under intimation to this office. The receipt of the above documents may please be acknowledged". 5 Counter affidavi t has been filed on behalf of resDon ent No.2, in articular, Dara Nos.13 and 14 are extracted ereu nder: '13. In reply to para L6 lo 2L, it is humbly submitted that, Sri K. Ranga Swamy, Principal (Retd.,), TSWRS/IC, Ibrahimpatnam, R.R. District has submitted that, he was awarded the punishment of Stoppage of two annual grade increments with cumulative effect. The same has been suspended by the authority in view of the Hon'ble High Court judgement in W.P.No. 15397 of 2016, dated. 28.04.2016. The individual who retlred from service on attaining the age of superannuation on 31.01.2021 has submitted a representation with a request to release his gratuity and pensionary benefits. K. Ranga Swamy (JL Maths), retired on 31.O1.2021, he was sanctioned all pensionary benefits duly withholding entire Gratuity. It is to submit that, the Hon'ble High Court passed orders dated.02.02.2021 in W.P.No.15397 of 2016 that "The Writ Petitions are dismissed as withdrawn" and "No order as to costs". In view of withdrawal of case, the punishment imposed by the authorities is revived. However, in view of his retirement the above punishment cannot be operated at this stage, as the Government alone \ 6 SN, J wP 7043 2021 is competent to impose punishment on retired emcloyee in accordance with rules. Hence this office requested the Government to pass appropriate orders in the matt,er vide this office Lr.Rc.No.T/Dis/Z-VI/prl.Est/j.539.7/ZOt6, Dated. 21 .06.2021.

14. -[he Government after careful examrnation of the entire xatter in detail. has issued a show cause notice as to why a penalty of 5olo cut in pension for a perio,l of one (1) year should not be imposed against Sri K, Ranga Swarry, Principat Gr-I (Retd.), TSWRS/J(I (B), Ibrahimpatnam, Ranga Reddy District under Rule 9 of TS revised pension rules, 19g0 vide Letter No.984,/SCD.Edn.A2/202t, dated 23.Og.2022 The indiviclual submitted explanation to the Show cause notice and the same was communicated to the Governmont vide th is olTice letter. Lr. Rc. N o.T/Dis/Z-Wlptt.Estt/ 15397,/2Ot6, dated 21-03-2023".

6. Th

09. 23 in W.P N o. 5397 ot 2 6i dh reu er: ''\ryhen the matter is taken up for considt:ration, learned counsel for the petitioners fairly submits during the pendency of the Writ petition, the petitioners attained the age of superannuation and the respondents also p,trd the increm,ents. tlecording the above submission, no flrrther

2. adjudication is required.

3. l\ccordingly, writ petition is closed. No costs,,. a / 7 SN, J wP 7043 2023 DISCUSSION AND CONCLUSI ON:

7. A bare perusal of the order impugned dated

09.O2.2O21 of the 2nd respondent herein clearly indicates that the only reason for withholding the entire gratuity amount of the petitioner is the pendency of Writ Petition i.e., W.P.No. L5397 of 2O16.

8. A bare perusal of the averments made in the counter affidavit filed on behalf of the 2nd respondent in particular paragraph Nos.13 clearly indicates that the 2nd respondent understood that W.P. No. 15397 of 2016 is dismissed as withdrawn and arrived at a conclusion that the punishment imposed by the authorities is revived and even requested the Government to impose punishment on retired employee in accordance with rules and hence, Government was requested by the Ofltice of the 2nd respondent to pass appropriate orders in the matter vide the office letter of the 2nd respondent, dated 2L.06.202t.

9. This Couft opines that what is stated in the counter affidavit filed on behalf of 2nd respondent at paragraph No.13 is factually incorrect in view of the fact as borne on record that the petitioner herein did not seek for withdrawal of the W.P. \ 8 SN. J wP 7041 202i No.15397 of 2016 and the said writ petition was disposed of by this Court vide order dated 05.09.2023 passed in W.p. No. 15397 of 2076 by clearly observing that the petitionr:r attained the age of superannuation and during the pendency of the writ petition, th,3 respondents also paid the incre11ents and accordingly, the writ petition was closed.

10. A bare perusal of the record also indicates that petitioner submitted a detailed reply, dated 03.10.2022 to the show-cause notice, dated 23.O9.2O22 issued to the petitioner, and also a detailed representation, dated 27,O1,.2O2i1 addressed to the 1't respondent herein for payment of Gratuity amount which had to be released on the date of retirement i.e., 31.O1 .2021, but the same had not been considered in view of pendency of W.p.No.15397 of 2O16 as indicated in the impugned order, dated O9.O2.2O2L issued to the petitioner by the 2"d respondent herein. 1 1. It is settled legal propositaon that pension is not a bounty and is property under Article 19(1)(f). The pension G 9 SN, J wP 7043 2023 which is hard earned benefit for long Service cannot be withheld i[egatty by the 2"d respondent.

72. Th A exC ti na da Pr s 97 2 s v c m e m t d 3 e! t I s serv d r th s o " But we agree with the view of the majority when it has approved its earlier decision that pension is not a bounty payable on the sweet will and pleasure of the Government and that, on the other hand, the right to pension is a valuable right vesting in a government servant.,,

3. In s d e s OIr 19 2 R1 5 h b a n r Pension to Civil employees of the Government and the , - oerence personnel as administered in India appears to be a compensation for service rendered in the past.

14. InB har tP trol (Er M a en s V P m Bu mah sh ll) r r ti L n h s o I c th A c observ das unde r:- "Pension.is no longer considered as a bounty and it has hel! to be property. In a welfare state as ours, rise in le_en tne pension of the retired personnel who are otherwise entitled to, it is accepted by the State anO ine State has taken the liability. \ l0 SN. .I wP 70,11 202i

15. The Aoex Court in the iudoment reDorted in 1992 t1 4 in All ia Re rV Bank etir fficer Associatio n and Othe s Vs. UOI observed as un er: - "The concept of pension is now well known an<J has been clarified by this Court time and again. It is not;r charity or bou nty nor is it gratuitous payment solely deprendent on the vrrhim or sweet will of the employer. It is earned for renderring long service and is often described as deferred portion of compensation for past service. It is in fact in the nature of a social security plan to provide for the Decernber of life of a superannuated employee. Such social securit/ plans are consistent with the soc cr-economic requirements of the Constitution when the enrployer is a State rryithin the meaning of Article 12 of the Constitution.

16. This Clcurt opines that the 2nd respondent has to reconsider the subject issue duly taking into consideration the orCer of this Court dated 05.09.2023 passed in W.p. No. 1539,r,of 2016 (referred to ernd extracted above), and also the averntr:nts made by the respondents in the counter afFidavit filed on behalf of 2.d respondent, in particular, paragraph Nos.13 of thr: counter affidavit (referred to and extracted above), which are in fact contrary to the observations made in the order of this Court, dated 05.09..2023 passed in W.p.No.I5397 of 2016(rr:ferred to and extractelcl above) in accordance to law and take a decision for release r:1' the gratuity amount of the petitioner which had been withhe,d since 07.04.2021 by the respondents. 1 0 11 SN, J wP 1043 2023

17. Takinq into consideration: (a) The aforesaid facts and circumstances of the case, (b) The contents of the impugned proceedings dated O9.02.2O2L ol the 2nd respondent herein. (c) The averments made in the counter affidavit filed on behalf of the 2"d respondent herein, in particutar, paragraph Nos.13 and L4 of the counter affidavit, (referred to and extracted above), (d) The order dated 28.04.2O15 passed in W.P.M.P. No. 1908O of 2O15 in W.P. No. 15397 of 2O16 whereunder the operation of punishment of postponement of two annual grade increments with cumulative effect vide proceedings, dated 18.04.2016 of the 2nd respondent had been suspended. (e) The observations in the Apex Court Judgments referred to and extracted above and enlisted below:- (i) (ii) (iii) (iv) a97t (2) SCC 33O 1983 (2) SCR 15s, 1988 (3) SCC 32 1992 Suppl 1 664 12 .:r SNJ wP 7043 2023 The writ petition is allowed dectaring the action of Respondent No.2 issuing Lr. No.Pension/ L625/2O2O Dated O9-O2-2O21 for withholding entire Gratuity Amount and the action of thc l"t Respondent in issuing proceedings Letter No. 9a4l SCD/Edn A2/2021, Dated 23-O9-ZO2Z. i.e., a show-cause notice imposing a penalty of 5o/o cut in pension duly withholding gratuity amount and other pension benefits of the petitioner w.e.f 3L.OL.ZOZL, as illegal, arbitrary and in violation of principles of natural justice and also viotative of Articles 14, tG and 2! of Constitution of India. The Respondent No.2 is directed to consider and pass appropriate orders in accordance to law pertaining to the request of the petitioner for release of entire gratuity amount of the petitioner, with interest w.e.f 31,01.2021 and other pension benefits due to the petitioner which had been withheld vide proceedings of the Respondent No.2 dated 09.O2.ZOZ1- illegally, duly taking into consideratlon the order dated OS,O9.2O23 passed in W.p. No. 15397 of 2016 (referred to and extracted above), duty taking into consideration petitioner,s detailed reply, dated 03.10.2022 ,rO-ia,.a by the petitioner in repty to the ,/ /i 13 SN, J wP ?04f 2023 show-cause notice, dated 23.09 -2022, issued to the petitioner and also petitioner's detailed pleas as put-forth vide petitioner's representation, dated 27.OL.2O23 seeking payment of Gratuity amount and other pension benefits w.e.f. 31.01.2021 which had even been acknowledged by the office of the ld respondent herein within a period of four (4) weeks from the date of receipt of a copy of this order. However, there shall be no order as to costs. The miscellaneous applications, pending if any, shall stand closed. To, '- - sol'pl pAoltetlnaHe REDDY )-- ,L.. - - t ASSISTANT REGISTRAR //TRUE COPY// S TION OFFICER

1. The Principle Secretary, social welfare Department, Secretariat Building, Hyderabad, State of Telangana.

2. The secretary, Telangana Social welfare Residential Educational lnstitutions - s6;"tvin"gd j, tr,laia"u Tank, Telugu Samsheka Bhavan, Hvderabad 3- The Accountant General, Telangana State' Hyderabad 500004' 4. The District Audit officer, state Audit Department, Directorate of State Audit ' viirr Fr.oi, i"srtinc" euirbing, Ranga Reddy, Abids, Hyderabad - 500 001 '

5. One CC to SRI M.KRUPAKAR Advocate [OPUC] 6. One CC to SRI S.BHOOPAL REDDY, SC FOR TSWREIS [OPUC] 7. One CC to SRI K.BALAKRISHNA, SC FO AG IOPUC] E.TwoCCstoGPFoRSoclALWELFARE,HighCourtfortheStateof Telangana at HYderabad [OUT]

9. Two CD Copies BSR BS +y HIGH COURT DATED: 2110312025 CC TODAY ORDER WP.No.7O43 of 2023 '( S': Siri.-{. c), :) c 2$ l4rfl ?ffi v a) l * Occ.' r r' , ALLOWING THE WRIT PETITION, WITHOUT COSTS Wfr