years occ Prohibition and v. The State of Telangana

Counsel for the Petitioner: SRI' V' R' MACHAVARAM Counsel for the Respondent Nos' 1to4: GP FOR SERVICES I Counsel for the Respondent No'5: SRI K' BALA KRISHNA The Court made the following: ORDER a THE H ON'BLE SRI JUSTICE NAMAVARA PU RAJESHWA RAO 1 WRIT PETITION NO. 20849 oF 2025 9BDE8: This Writ Petition is filed seeking to declare the action of the respondents in not releasing B0o/o of the gratUity amount to the petitioner, consequent to his superannuation on 30.06.2024, in terms of G.O.Ms.No.1097, Finance and Planning (FW.PEN.I) Department, dated 22.06.2000, as illegal, arbitrary, and violative of Article 21 of the Constitution of India.

2. Heard Sri V.R. Machavaram, learned counsel for the petitioner, and learned Government Pleader for Services-I, appearing for the respondents. Perused the material on record.

3. Brief facts of the case are that the petitioner initially joined Government service as a Secondary Grade Teacher (SGT) in the year 1989 and was subsequently appointed as Sub-Inspector in the Telangana State Prohibition and Excise Department in 1997, promoted as Excise Inspector in 2005, later as Excise Circle Inspector, and retired from service upon attaining the age of superannuation on 30.06.2024, after rendering 27 Years of service' While working as Excise Inspector at P&E Station, Devarakonda, the petitioner was trapped by .the Anti-Corruption Bureau on allegations of demand and acceptance of bribe. He was arrested, \ \ 2 l.l subsequently released on bail. In the sald allegations, the petitioner was suspended from service, and later reinstated. Presently, he is facing trial before the Special Judge for SPE & ACB, Hyderabad. Respondent No.4 addressed a letter to respondent No.3 seeking sanction oF retirement benefits such as Encashment of Earned Leave, GPF, GIS, TSGLI, and Forwarding for provisional pension, but did not seek permission for the payment of gratuity. Consequently, the entire DCRG was kept in abeyance under Rule 52 of the Revised Pension Rules, 1980. Despite repeated representations, Including a letter dated 27.O4.2O24, the respondents failed to release B0o/o of the eligible gratuity of Rs.16,00,000/-, which is permissible under G.O.Ms.N0.1097, Finance and Planning (FW.PEN.I) Department, dated 22.06.2000. The said G.O. allows provisional release of BOo/o of gratuity to retirees with pending departmental or criminal proceedings. The office of respondent No.5 has already issued a letter bearing No.AG(A&E)/PL9/lV/V-137/SPI53/2024-05l980, sanctioning provisional pension and mentioning the gratuity eligibility of Rs.16,00,000/-. Hence, the present Writ Petition.

4. Learned counsel for the petitioner submits that appropriate directions be issued to the respondents to release B0% of the gratuity amount to the petitioner in terms of G.O.Ms.No.1097, dated 22.06.2000. w,'f 3 5 Learned Government Pleader for Services-I submits that the Writ Petition may be disposed of by directing the respondents to consider and release 80% of the gratuity amount strictly in terms of G.O.Ms.No.1097, dated 22.06.2000, within a reasonable period.

6. Taking into consideration the submissions made by the learned counsel for the respective parties, without expressing any opinion on the merits of the case, the respondents are directed to sanction and release B0% of the gratuity amount to the petitioner, strictly in accordance with G.O.Ms.No.1097, Flnance and Planning (FW.PEN.I) Department, dated 22.06.2000, within a period of eight (B) weeks from the date of receipt of a copy of this order.

7. Accordingly, this Writ Petition is disposed oF. There shall be no order as to costs Miscellaneous petitions pending, if any, shall stand closed SD'.A. JAYASREE ASSISTANT REGISTRAR //TRUE COPY// SEC OFFICER To,

4. 5 t) 7 8 o 1 The Principal Secretary, Revenue Excise Department' Secretariat Buildings' ?il:"ttf *:.:1?31 l?'A?gf, ;il1,"n and Excise state of reransana,Namparrv ?ii"d"E:6J'3J*";?3i3"". of Prohibition and Excise' Hvderabad Division' ?[i"r?J-]:l?3?if;tion and Excise orrrcer Vikarabad' relangana state it?lti*{ilU$d;lufl fl H^HIS5'f"Ur".t..o^'Bf,l"orre,ansanaat iltt;to''b-p ron Exices 'High court for the f;i"tt3tJ""rJl.o* ..*u,".S I ,Hish court for the State of relangana at Hvderabacj IOUT] 6'":"#I;A"Rt k. anrnrntsHNA' Advocate [oPucl BM (tr

0.Two CD CoPies HIGH COURT DATED:1810712025 ORDER WP.No.20849 of 2025 T 3 1HE o 5 rAr e r -.4l c (.) 19 tljc 206 (,]

11.' r '''r' DISPOSING OF THE WRIT PETITION WITHOUT COSTS (n- L>6n