High Court · 2025

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of MANDAMUS to declare the action of the respondents in not releasing and paying the retirement benefits consequent on retirement on attaining the age of superannuation on 30.11.2018 including Full Pension, Gratuity, Encashment of Earned Leave, Commutation of pension etc to the petitioner on the ground of pendency of charge memo vide CCLA's REF.No.VSll(1)121512019, dt.27.7.2021 (allegation pertaining to the year 2018), with no fault of the petitioner despite the fact of continuation of departmental proceedings for such a long period, is deemed to have been waived in view of inordinate and unexplained delay, as being illegal, -------------7 ),' arbitrary, unjust, unfair, and unconstitutionar and set aside the charge memo.dt. 27 7.2021 and consequenry direct the respondents to rerease retirement benefits such as Fu, pension incruding Gratuity, Encashment of Earned Leave, commutation of pension etc in terms of judgment of the Hon,bre supreme court and this Hon'bre High court reported in civir Appear No. 6770i2013 , dt. 14.8.2013 and other reported judgment in 2016 (4) ALD 320 with reference to pendency of charge memo vide cclA's REF.No.VSIT(1)t215t201g, dt. 27.7.2021 (aregation pertaining to the year 2018) with ail consequentiar benefits incruding admissibre interest@18%pa IA NO: 1 OF 2025 Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the respondents to release and pay the Gratuity and Encashment of Earned Leave amount without reference to pendency of pendency of charge memo vide CCLA,s REF No VS,(1)r215r201g. dt. 27.7.2021 (aregation pertaining to the year 2018) in terms of the orders granted by this Hon'ble Court and also as per the law laid down by the Hon'ble High Court forthwith in the interest of justice. Counsel for the petitioner: SRI D.LINGA RAO Counsel for the Respondent No.1 to 4: Gp FOR REVENUE Counsel for the Respondent No.S: SRI K.BALAKRISHNA, SC FOR AG The Court made the following: ORDER I THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO wRIT PETITION No.18925 OF 2025 ORDER: With the consent of learned counsel for respective parties, this Writ Petition is disposed of at the admission stage itself. 2. Heard Mr. D. Linga Rao, learned counsel for the petitioner, learned Government Pleader for Revenue appearing for respondent Nos. I to 4 and Mr. K. Balakrishna, learned counsel for respondent No.5. Perused the record.

3. Learned counsel for the petitioner submits that the petitioner was promoted as a Typist in the year 1985 and he retired from service on attaining the age of superannuation on 30'11'2018' The 2nd respondent after 3 years of petitioner's retirement, issued three charges framed against the petitioner vide Chare Memo dated 27 .O7 .2A21, atleging that (i) the petitioner has submitted irregular enjoyment list due to v;hich certain names of persons in Govt' Assigned Sy.No.569, 576 and 598 were inadvertently included in the a,"vard against the Government vacant lands, (ii) a large number of complaints were received, adverse news was published in the daily newspaper and (iii) the petitioner has submitted the enjoyment list without verifying the Mandal Assignment Review Committee Register , Old Revenue Records pertains to Government Assigned lands in Sy.No.569, 576 and 598 of Rajampet (V). 'I

4. Learned counsel for the petitioner further submits that the petitioner has submitted his explanation/written statement of defense to the Charge Memo on 28.09.2021 and denied the charges, stating that no amounts n,ere disturbed to illegal beneficiary and there is no loss of revenue to the Government .and the 2.d respondent vide proceedings daLed 25.06.2022 appointed the 4th respondent as Inquiry Officer to conduct enquiry against the petitioner and also appointed Presenting Officer and the enquiry was completed by the Inquiry Ofhcer, but l-ill datc no final orders were passed. 4(t Lcarned counscl for the petitioner further submits that the petitioner reLir6d from service on attaining the age of superannuation on 30.11.2O18. The allegations pertaining to the year 20 18 and the charge memo, \ ras issued after 3 years of petitioner,s retirement and non conclusion ol departmental proceedings with no fault of the petitioner are deemed to have been waived and dropped in view of inordinate and unexplained delay. 4(l1l l-earned counsel for the petitioner further submits that the petitioner is entitled for full Pension, Gratuity, Encashment of Earned Leavc, Commu[ation of pension etc, but the respondents had not paid the retirement benefits including fuil pension, Gratuity, Encashment of Earned Leave, Commutation of pension and Encashment of Earned Leave on the alleged ground of pendency of charge Mem. dated 27.o7.2o2r and therefore the petitioner is entitled for payment o[ pcnsion and retirement benehts on the date of retirement along with Interest in accordance with rules and he relied upon the order of this Court in W.P.No.13353 of 2018 wherein the respondents are directed to release the B0% gratuity to the petitioner in accordance u,ith G.O.Rt.No.lO97, dated 22.06.20O0. And in view of the said order, the petitioner is also entitled for similar relief for release of SOoh Gratuity and Encashment of Earned Leave ' Accordingly, the present writ petition is filed.

5. The learned Government Pleader appearing for respondents did not oppose to dispose of the Writ Petition in terms of G O'Rt'No' 1O97, dated 22.06.2000.

6. In vierv of the submissions made by the learned counsel for respective parties, this Court without going into the merits of the case, the respondents are directed to release the 8O% Gratuity and Encashment of Earnecl Leave to the petitioner, in terms of G.O.Rt.No. 1O97, dated 22.06.2000, within a period of eight (08) weeks from the date of receipt of a copy of this order. There shall be no order as to cosLs.

7. As a sequel, miscellaneous petitions pending, if any, shall stand ciosed To, 1 SD/.A. SRINIVASA REDDY S ISTANT REGISTRAR //TRUE COPY// SECTION OFFICER The Principal Secretary, Revenue Department, Secretariat' Hyderabad' State of Telangana.

2. The Chief Commissioner of Land Administration, Nampally' Hyderabad- 3. The District Collector, Kamareddy, Kamareddy Dist 7 4 The Addl District. Collector, (Locai Bodies)iEnquiry Officer, Kamareddy, Kamareddy

5. The Principal Accountant Geireral Hyderabad. (A & E) Telangana State, Saifabad,

6. One CC to SRt D LTNGA RAO, Advocate tOpUCl 7. One CC to SRt K.BALAKR|SHNA, SC FOR AG [OPUC] 8' Two ccs to GP FoR REVENUE, High court for the State of rerangana at Hyderabad [OUT]

9. Two CD Copies BSR BS o I HIGH COURT DATED: 11t|tt2O2S \ ORDER WP.No.18925 of 2O2S HT I,{ t () (J DISPOSING OF THE WRIT PETITION, WITHOUT COSTS b(