S/o Balaiah' Aged 62 v. The State of Telangana

Petition under Article 226 ol lhe Constitution of India praying that in the circumstances stated in the affidavit filed therewith' the High Court may be pleased to issue a'writ, order or direction in the nature of writ of Mandamus declaringtheactionoftherespondentsinnotreleasing/processingforpayment ofretirementbenefitstomeonthegroundofpendencyofcriminalGaSein Cr.No.l05of2020ofYeclapallyPS.,KamareddyDistrict,aSillegal,arbitraryand u nconstitutiona l and consequently direct the respondents to consider the claim of the petitioner for payment of retirement benefits including payment of gratuity amount, EL encashment etc, without reference to criminal case in Cr'No'105 of 2O2O of Yedapally PS., Kamareddy District' by following the procedure established by law and orders issued by the government from time to time' lA NO: 1 OF 2025 Petition un,i€ r liection 15'l CPC praying that in the :irct,mstrlnces stated in the affidavit file,d in ;.rpport of the petition, the High Court may be pleased to direct the responderlls to consider the claim of the petitioner for payment of retirement benefils rncluding payment of gratuity amounl, EL encirshment etc, without reference o ,;'iminal case in Cr.No.105 of 202t) ol Yedapally PS., Kamareddy Distrirt :\' following the procedure establisheJ by lav' and orders issued by the gov:rnrrrr-,-rt from time to time, pending dispos;al of the ' rit petition. Counsel for the Petiti,:ner: SRI VONJARI RAJA SHEKAR REDDY Vt:NKAT RAM REDDY Counsel for the Resp,:ndent No.1 & 4: GP FOR FINANCE Counsel for the Resp,rndent No.2 & 3: GP FOR REVENUE The Court made the fr> lowing: ORDER I I THE HON'BLE SRI JUSTICE N MAVARAPU RAIESHWAR RAO WRIT PETITION No.1O7OO OF 2025 ORDER This Writ Petition is filed by the petitioner seeking the following relief: ".-. to issue a writ order or dtrection in the nature of writ of Mandamus declaring the action of the responclents in not releasing/processing for payment of retirement benefiE to me on the ground ol pendency of cnminal cdse in A.No.los of 2020 of Yeclapally, P.S Kamarcdcly Distnct as illegal, arbinary and unconstitutional and consequently alired the respondents to consider the claim of the Dettticner for payment of retirement benelits including payment of gratuity amount E.L encashment etc-t without reference to ciminal case in CLNo-105 of 2020 of Yeclapally, P.5 Kanareddy District by following the procedure established by law and orders issued by the govemment from time to tjme and to pass ...'

2. Heard Sri Vonjari Raja Shekar Reddy Venkat Ram Reddy, learned counsel for the petitioner and learned Government Pleader for Finance for the respondent Nos.1 & 4 and learned Government Pleader for Revenue for the respondent Nos.2 & 3. Perused the material on record.

3. Learned counsel for the petitioner submitted that the Petitioner was appointed as Village Servant Sethisindi/Neeradi to serve in the Village Errapahad vide proceedings No.A2l1010/86, dated 18.9.1986. Later, he was promoted to the post of Attendar vide proceedings No.A1l3640/20_02, dated 19.9.2004 issued by the 3'd respondent. He further ,r@o that the complaint of srinivasa Rao, Regional Manager, Canara Bank (erstwhile Syndicate Bank), Regional Office, Nizamabad, a case in Cr.No.L05 of 2020, dated I sections 4og, 420, s.9.20:lC //,ts registered for the o'oun.", . 477-A read yrith 120 of Ipc agains, ,o, orrou. c,f the bank on the aregati,:n that they submitted ,uuu unot'o*ers avairins roa,,; rrom rhe bank and on ,r" ,":,1"::-:-:,".rru"o ". '''= oasts of (:onf,sssion of one of the a :cuse ,ri, the neriu,,^^_ ,_- l" petitioner is also implic irr th": said crime. The areg a.:i,r s; Ievel led in the said crime u.ut.o --^'',"'= dre ro way r:oncerned or connected h,ith the disch:.^^ * r9e of offi6;u1 6"' of t he ,etitioner in the respo,crer)r: autho rrties and only the g.ornut t're ground that petir:ioner being governmelt s;r3r76;1g,nr.,,.,., ,^l'/ in moral turpitude' The 2no respondent praced the oua,,,o,' vde pr.ceedns #:#:: ::;::"::,;1,:,,;:T:.:, d that the petitioner ' - *'"" ur rLrl conclusion of all the proceedings -eiatino ..^ criminal charges. subsequenfly, ,n. 0",,r,'^^-- ^t]. j :#:;':: ff ;:r ::;::: :[i::, j; :,.j:, T rnder suspension until r ''uo

4. Learnecl r.c u r sel for the petitioner further contr:nded rat after filing of writ t€,t t iln stated did not conc[ d-. rr,,thin six the suspensiolt in t:erms of 31.12.t 1)99 =edings G.O.Ms.No.578. above, since the criminal proc months, the 2na respondent, rerviewed G.A.. (Ser.C; pupa, orders vide proce,-.dings re-instating the petition(:,r into zation of crimi46f 66sq. He further :;ubrnitted passed , ce'ted 27.6.2022, No.A3/9745/202 service, pendin(l FiJi a ,.1, t l/ r- t I 3 petitioner withdraw that, on assurance of department to re-instate into service, the writ petition No.5259 of 2022' The petitioners submitted that while the things stood thus, during the pendency of criminal proceedings, the petitioner retired from service on attaining the age of superannuation on 31'8'2024' After petitioner's retirement, he has not received any retirement benefits till today. As per the existing rules, even in case criminal proceedings are pending. Petitioner iS entitle to following benefits: i. Service Pension/CPS ii. Commutation iii . Encashment of Earned Leave iv. General Insurance V, TSGLI

5. Learned counsel for the respondents submitted that if the petitioner makes a fresh representation with regard to the said relief, the respondents have to follow G'O'Ms'No' 1097' dated

22.06.2000, and pass appropriate orders'

6. Taking into consideration the submissions made by the learned counsel for both the respective parties, this Writ Petition is disposed of, directing the petitioner to make fresh representation to the said relief. Upon the same, the respondent authorities are directed to reconsider the petitioner's case in terms of G.O.Ms.No.1097, dated 22.06'2000 arlt pass appropriate orders in accordance with law, as expeditiously as possible, preferably within I I r 4 a period oF eigl'rt (B) weeks from the date of rec,:ipt of a copy of this Order. Thl-,re r; rall be no order as to costs. As a :;e,quel, miscellaneous applications pending, ir, any, in this Writ Petition, shall stand closed. //TRUE COPYII SD/.A.V.S. PRASAD EPUTY REG]STRAR

1. The S to Government SECTION OFFICER tl h ief Secreta ry r,)anc 3 Department, Dr B .R.Amb ec k.ar Tela ngana Sec retariat, Hyderabad, State oJ' Telangana The District ,l)o ector Kama Reddy District The Revr-.nue livist onal Office Kamaredd y, Kamaredd y Distr ct, Telangana The Deputy ) irector District Treasury Officer, I)istrict l reasury Office, Kam aredd )/ ll irltrict One CC k) lSRt VONJART RAJA SHEKAR REDDY ,/ENKAT REDDY Advor:ate [OpUCl Two CCst CiP FOR FI o NANCE, High Court for the State r:f Telangana at Hyderabad pr,-tl Two CCs t() (;F' FOR R EVENUE, High Court for thr: State of Telangana at Hyderaba d t'oLrtl Two CD ( ,o c t€r5 RAM r i To, 2 2 4

7. B. BSR HIGH COI.,RT' DATED:2910412025 ORDER WP.No.I0700 of 2025 ffi6 HE ,.-+. t t I o O uR ?ill 26 j i i, ::; ii DISPOSING OF THE WRIT PETITION, WITHOUT CO{}TS I lar- ,