Heard Sri v. Narasimha Goud, learnt

Petition under Section 1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to arrange the Gratuity and commutation of 40o/o pension pending disposal of the above writ petition in the interest of justice irnd fair play. Counsel for the Petitioner: SRl. V NARASIMHA GOUD Counsel for the Respondent NO.1: GP FOR HIGHER EDUCATION Counsel for the Respondent NOs.2&3: SRI VENKAT REI)DY THIPPARTHI (SC FOR KAKATIYA UNIVERSIW, WARANGAL) The Court made the following: ORDER i I I I I l, & { I l a) HON'BLE SRI JUSTICE NAGESH BHEEMAPAXA UIRIT PETITION No. 5043 OF 2017 ORDER: Originally, petitioner seeks to declare the action of Respondents 2 and 3 in nol arranging gratuity and benehts of 4OYo of commutation of pension, as illegal and arbitrary. Subsequently, by way of the order dated 17. ll.2023 in I.A.No. 1 of 2023, petitioner sought to amend the prayer to the effect of declaring the action of Respondcnts 2 and 3 in not arranging gratuity and benefits of 4Oo/u of commutation of pension, proceedings dated 03.03.2017 for rccovering a sum of Rs.4,7a,380/- towards aclvance pending recovery and Rs.67,000/- towards Kakatil':r University Employees' Cooperative Society as illcgiil a.ncl arbitrary. Consequently, a direction is sought Lo respondcnts to arrange the above benefits along with 127o intercst frorn rlue rlirte i.e . from O1.i1.2015.

2. The case o[ petitioncr is that he joined the services of the 2^d respondent universitv as Work Inspector on

06.02.1974 with regular scale of pzry and subsequently, was promoted as Store Keeper in 1980 and thereafter on

31.10.2O15, he retirecl from scn,icc on attaining the a€e of superannuation lr'hilc r.r'orking under [he control of the 3'd 2 respondent. Petitioner, therefore, is stated to llave submitted pension papers to the 3d respondent on 13.1,1.2O15. after making repeated requests, the 3.d respondent senL pcnsion papers on 17.02.2016 to the Finance Off-rcer & ,\udit Officer, Local Fund Audit (LFA), Kakatiya University, Wari:ngal. Petitioner filed an Application darr:d O7.lO.2016 seeking information under the Right to Inforr-r:rtron Act for u.ithholding the above benefits, but there is no r-r:sponse. It is stated, the 2"d respondent passed order datt ll 30.11.2016 sanctioning payment of service pension of Rs i18,435/ per month from 01.11.2015, apart from the un-availerL carned leave salary, but gratuity and commutation of pension r() thc cxtent of 407o r,l'eLs not arranged, without any valid rcasor- Ac:corrling to pe trtioner, respondent university is liable to pav Fts. I O.:.t I ,146 I - towards gratuity and further towards commll rr r r:rrr ol' .10(Zr pension, he is entitled to receive a sum of Rs. I l..l.l. i.[/

3. This Court, by order dated 15.02_2O I .;, cr,irt:crecl rhe 2',,1 respondent to work out and release all the ltt,,rL,:ll:s to n [ricl,r hc is entitled to and place the order beforc this (.ourr I;r. ttre ncxt daLo ol hearing. I \ The Registrar of the 2nd respondenr r. nrvcrsilr. filerd Ltnter slating that petitioner who used to clisr:h. Lr qe dutics :rt I i i I i I i I i I ! : I I t N I I L 4 J ) Building Division, Kakatiya University, Warangal had drawn lakhs of rupees as advances as part of his job and he was served several notices by the then Development Oflicer, Building Division asking to settle the advances, but he neither responded to the notices nor settled the advances. Even during June 2O15, he was asked to settle pending advances by 3O-O9-2O15 uide letter dated 16-06-2015, but he had not settled the advances fully even after ttre last date of his retirement. As such on the date of retirement i.e. on 3 1- 10 20 1 5, an outstanding advance amount of Rs. 4,74,380/- was still pending due to be settled by him. Apart from that, an amount of Rs. 67,OOO-OO was due to be cleared to Kakatiya Universitl, Employees' Credit Sociery as against the loan amount taken by him and the same has also been shown in No Dues Certihcate. It is also stated, thc Dcvclopmcnt Offtcer, Building Division, Kakatiya University had shou'n Rs- 4,74,38O/ as pending advances in "No Ducs Ccrtificatc" trnd also addressed the letter dabd 20-06-2O 16 to thc F inancc Ofllcer, Kakatiya University informing the pending:rrir.ances due to be settled by him. Immediately after receiving thc ()rcler fiom this Court in WPMP No. 6149 of 2017, the Universitr.' hacl f<rnvardcd Pension papers along with the details o[ aclvance amount to be settled by pd{,itioner to the District State Auclit Olflccr, $'ho, ujde letter i I i 4 dated 1O-O8-2016 admitted all the pensionary bt:neftts rvith a note to recover Rs. 4,74,380/- towards pendirg advances. Based on the said letter, Service Pension anl Pensionary benefits were sanctioned and payment was also made to petitioner bv deducting Rs. Rs. 5,41,380/-(Rs. 4,7'1,380/ + Rs- 67,000|-) from the gratuity amount as per Rule 4{1(6) of thc Revised Pension Rules, 1980. The particulars of pal'mcnts are as follows: A) Rs. 11,42,5411- paid towards commutatic n ol pcnsion and credited into the bank account number :;)0269 )6413 of pe titioner at SBI, KU Branch on l3lLti\ l2Ol7 uide Chequc No, 866190 dated LO/O3/2O17. b) Rs.5,39,568/- paid towards gratuity and crt,dited into the barrk account number 52026926413 of petrtiorrer at SBI. KLi Branch on l3lO3/2O17 uide Cheque No' 86tr188 dzrLect lO/03/2017.

5. Heard Sri V. Narasimha Goud, learnt:d coutrsel lor pctitioner as u'ell as Sri Venkat Reddy Thipprirthi, l('arllcd Stancling Counsel for the 2"d respondent Universit'.

6. From a perusal of the material c,n record. irt parrticul:rr thc counter, it is clear that in compliance rvith the dirccfion oi' this Court dated 15.02.2017, the UtriversiLv had, bzrsed o:r thc recommendations of the District .AuCit ()illccr, State Alrclit. r,r'orked out and released all the pensiorrzLn'benefits to petitlr)ner in 2Ol7 itself. In view of the same, tlrr: grii'vanr:c ol 5 petitioner stands redressed, hence, no further orders are necessary to be passed in this Writ Petition.

7. costs.

8. The Writ Petition is accordingly, disposed of. No Consequently, Miscellaneous Applications, if any shall stand closed. \ I i I To, //TRUE COPY// /-K.BHAVANI SWAMY ISTANT REGISTRAR S SECTION OFFICER nt, Secretariat' 1 . The Principal Secretary, Higher Education Depa Hyderabad.

2. The Registra 506009 r, Kakatiya University, Kakatitya University Campus' Warangal - 3- Development Officer, Building Division' Kakatrtya University Campus' Waranlal - 506009 One CC to SRl. V NARASIMHA GOUD Advocate [OPUCI 31,",r"33:3['-Y^=HIfr [[5't'"IJBittARrHr(ScFoRKAKA,YA Two CCs to GP FOR HIGHER EDUCATION' High Court for the State of Telangana. {OUTI Two CD CoPies 5 4 ( f) 7 KKS GJ HIGH COURT DATED:21 10412025 zl' /, '.\'. ' i' ":. il :, :;FP 2flfr . .,': \1. '' . - ORDER WP.No.5043 of 2017 DISPOSING THE WRIT PETITION WITHOUT COSTS b \