Konda Narender v. orders passed by this Hon'ble Court and the Hon'ble High

Konda Narender S/o late Sri Konda Bala Siddaiah, aged 62 years, Dy. General Manal;er (E) (Retired), Hyderabad Metropolitan Water Supply and Sewerage Board, Khairatabad, Hyderabad and Rio H.No.1-86/2, Mallikarjuna Nagar Colony, Peerzadiguda, Opp. Uppal Bus Depot, Medchal Malkajgiri District ...RESPONDENT/PETITIONER

2. The State of Telangana, rep. by its Principal Secretary, Municipal Administration and Urban Development Department, Dr.B.R.Ambedkar secretar'at Buirdinq' Secretariat' "0""0"0'..*ESpoNDENT/RESpoNDENT Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders dated: 1510212024 granted in l.A No. 1 of 2024 in W.P. No 3697 of 2024 I Counsel for the Petitioner: SRI V.SRIHARI Counsel for the Respondent No.1: GP FOR MCPL ADMN & URBAN DEV Counsel for the Respondent No.2: SRI A.VEERESH KUMAR, SC FOR HMWSSB C.C.NO: 1868 OF 2024 Between: Konda Narender, s/o late Sri Konda Bala Siddaiah, aged 62 years, Dy deneral Managei (E) (Retired). Hyderabad tvletropolitan Water gupply and Sewerage eoaiO, Xnairatabad. Hyderabad and R/o H.No 1-86/2, Mallikarjuna Nagar dolony, Peerzadiguda, Oip. Uppal Bus Depot, Medchal Malkajgiri District. ...PETITIONER/PETITIONER AND .1 . Sri tV.Dana Kishore, 1.A.S.,, Principal Secretary, the State of Telangana, Municipal Administration and Urban Development Qepartment, Dr.B.R.Ambedkar Secretariat Building, Secretariat' Hyderabad - -

2. Sri K.Ashok Reddy, 1.A.S.,, The [\4anaging Director..Hyderabad Metropolitan Water Supply and'sewerage Board, Khaiiatabad. Hyderabad' ...RESPONDENTS/RESPONDENTS ContemptCaseunderSectionsl0tol2ofContemptofCourtsActl9T.lto punish the respondents herein for wrllfully violating the Hon',ble court order in lA No.112024 in WP No.369712024. d1.1510212024 Counsel for the Petitioner: SRI V.SRIHARI Counsel for the Respondent No.1: GP FOR MCPL ADMN & URBAN DEV Counsel for the Respondent No.2: SRI A.VEERESH KUMAR, SC FOR HMWSSB The Court made the following: COMMON ORDER I ,) THE HON.fURABLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No.3697 OF 2024 AND CONTEMPT CASE No.1868 oF 2024 COMMON ORDER : W.P.No.3697 of 2024 is filed under Article 226 of t-he Constitution ,rf India seeking the following relief: "...to issue a Writ or order or direction, especially one in the naturc of Writ of Mandanrus i) declare th, action of the respondents in not releasirrq !lO7o Retirenrrnt Gratuity and Earned Leave amount as being arbitrary, illegal, rliscriminatory and in violation of Article l4 of the Constitution oi tndia apart from being contrary to the second proviso lo Rule 52 (l)(c) of T.S. Revised pension Rules, l98O ancl orders rssued in G.O.Rt.No-1097, dt.22-O6-2OO0 ancl orders passed try rhis Hon'ble Court and the Hon'ble High Court of Ap in wP No:.427l2021, dr.ta-O2-2o21, Wp No.2S4S /2OZO, dt.24 02- 2O2O, WP No.3O443/2016, dt.t4-O2-2O12 and in IA No. I /2O23 in wP No.50 I 8 / 2023 dt.Og O3_2O23. iil consequenrlv direct the respondents to release and pav gOTo Retirenl(.nt Ciratuit) and Earned I-eave amount in terms of second proi'iso ro Rule 52 (l)(c) of T.S, Revised pension Rules, 19g0, orders issued in G.O.Rt.No.1O97 Finance & planning Department, dt.22-O(:.2OOO and the finat and interim orders of this Hon,ble Court :rs, sell as the Hon'ble High Court ofAp referred above ii i) ancl pass Conterrrpt Case is filecl under Sections 10 to 12 of the Contempt ol Courts Act, 197 l, for willful and deliberate disobedience of the interim order, dated 15.02.2024, passed by this Court in I.A.No.1 of 2024 in W.p.No.369Z of 2024. n PK,J wp 3697 -2024 & cc 1868 2024

2. Heard Sri V.Srihari, learned counsel for the petitioner; learned Government Pleader for Municipal Administration and Urban Development for respondent No.1; and Sri A.Veeresh Kumar, learned Standing Counsel for Hyderabad Metropolitan Water Supply ald Sewerage Board, for respondent No.2. Perused the material available on record. Learned counsel for the petitioner submits that the

3. petitioner was initially appointed as Tracer on 2O.O3.199O and subsequently, promoted as Manager and Deputy General Manager on O5.O9.2OO2 and O6.08.201 1 respectively. On attaining the age of superannuation, petitioner retired on 31.1O.2O20. After from servtces respondents have sanctioned and released provisional pension, G.P.F. and T.G.L.I.S. However, retirement gratuity the retirement, the and earned leave amount were not paid to the petitioner on the ground of pendency of criminal proceedings i'e', Crime No.04lACB-CR/2013, dated 04'O2'2013' which was registered against the petitioner basing on a false complaint' In connection with the same, the petitioner was arrested and released on bail. Consequent thereupon' the petitioner was placed under suspe nsion uide proceedings, dated 11'03'2013 PK.J wp 3697 2024 & cc_1868 _2024 and was later reinstated into service uzde G.O.Rt.No.1457, dated 27.O9.2O13. After filing of charge sheet, the case was numbered as C.C.No.47 of 2014 on the file of learned I Additional Special Judge for Trial of SPE & ACB Cases, Hyderabad. It is further submitted that as per proviso {2) of Rule 52 (1) (c) of the Telangana State Revised Pension Rules, 1980, the petitioner is entitled to receive 8O7o retirement gratuity and the government issued G.O.Rt.No.lO97, dated

22.06.2OOO, detailing the benefits that an employee is entitled to receive on his / her behalf, which indicates retirement gratuity and earned leave amount. However, there being any order of withholding of gratuity and earned leave amount and only on the ground of pendency of the aforesaid case, the respondents are not releasing earned leave amount and retirement gratuity to the petitioner. It is further submitted that in similar circumstances, the Division Bench of Composite High Court of Andhra Pradesh at Hyderabad in W.P.No.3O44:l ol 2016 and High Court for the State of Andhra Pradesh in W.P.No.3427 of 2021, uide orders, dated

14.02.2017 and 18.02.202 1 respectively, while interpreting the second proviso added to Ilule 52(c) of the Revised Pension 4 PK..,, wp,3697 2024 &, cc l86a 2024 Rules, 198O, in the year, 1995 uide G.O.Ms.No.227, dated

10.10.1995, held that an employee is entitled for payment of earned leave a-rnount and 8oo/o retirement gratuity notwithstanding the pendency of criminal proceedings. Therefore, learned counsel prays this Court to direct the respondents to release and pay 807o retirement gratuity and encashment of earned leave amount to the petitioner.

4. Per contra, learned Standing Counsel for respondent No.2 submits that after retirement of the petitioner, respondent No.2 sanctioned retirement benefits i.e., GPS, GIS and provisional pension to the petitioner and withheld the gratuity and earned leave amount on the ground of pendency of criminal proceedings instituted by the ACB officials' It is further submitted that as per paragraph No.3 of the G.O.Rt.No.1097, dated 22.06'2000, in case a government emplo-vee against whom the departmental/criminal proceedings are pending at the time of the retirement, all the terminal benefits need not be released' Further, as per paragraph No.3(A) of the above G.O., the following amounts shall be paid to the retired employee since no recoveries cart be made from these amounts: I 5 PK,J \,tp 3697 2024 tL cc 1868 2024 i. Family Bcnclit Fund. ii. Telangana (irr-rup [nsLrrarrcc Schomc iii. Gencra,l l)roviclcn L [,'unct. iv. Telangana t.lrrr.t--r'rr nrtrnL I.i lir I rr sr r rancc

5. It is fi-r r thcr- submittirrl bv lcarncd Standing Counsel appearing on bclralf of rcsponclcnt No.2 that as per Clause (c) of Sub-rulc (l) of Rulc 52 oi' tl'rc Andhra Pradesh Revised Pension Rulirs. ICl80, I-l o qr:rturitv shall be paid until the conclusion of thr' rlcperi'u.n( niirl or jr-rclicial procccclings. and issuancc of final r>rdcrs anci also Sotth of the eligible gratuity can be rclcasccl onlv n lrcn linlrl calcu lation/ conclusion has been rcachcd. 'lhcrclbr<', L)rc pr:titioncr is not eligible for retirement gr.ltuit-r, as crimir-ral procccdings are still pending before the lcarncd I Additior-r:,rl Spr:cial Judge for Tria-l of SPE & ACB Cz,scs. lh dcr;rirad. and l.herefore the final calculation/concIusiolr ol' pr'nsrorr ci.rnr)oL be arrived at this juncture. Thcrt'lorc-, lc-zrrnccl Strrnding Counsel prays this Court to disrliss th': Writ l)t titi,rrr rts u,cll as Contcmpt Case.

6. This Court ha.s tak<:r-r rrotc <tf thc submissions made by learned counst-'l lirr lhc rcspccti\.c parties. I 6 PIi ,I ,, t) l^rr, 20 ) I iri,. lli.)8 -)0) I

7. This Court uir]e intcrinr on1cr, datcd I5.O2.2024, directed the respondents to rclcasc and pay 80% o[ the retirement gratuit.l, and carncd lcavc amo unt in tcrms of second proviso to Rulc 52 (l ) (c) of 'l'.S.Rcviscd l)cnsion Rules, 1980, and ordcrs issued in C.0. Rt.No.1097, Financc and Planning Departmcnt, datcd ?,2 .06.2000 ar-rd thc rcspondents have filed vacalo stav pctitiort uide t.A.No.1 <f 2024 rn W.P.No.3697 of 20)4 to vacatc lhc said ir-rtcrim ordcr

8. On perusal ol rccord, it is cvident that thc pctitioner lvas initialiy appointed as Traccr on 20.03.1990 and promoted as Manager and Dcputl' (icncral Managcr on 05.09.2002 and

06.08.201 1 rcspcctiv<:l-v. Srrbscqucrrlly, thc pctitioner retired from serviccs or1 31.10.2020 on attaining thc agc ol superannuation. Oon scclt rc r-rt l-r,, thc rcspondcnts havc released provisional pcnsron, C.l).F. and 'l'.G.t,.1.S to the petitioncr, holr,evcr, rctircmcnt grat uitl' and carned lcave arnount \,vcrc not paid to tl-rc petitionci- on thc grourrd ol pendency of criminal procccdings. Admittcdlj,, as per proviso (2) of Rule 52 (l ) (c) o[ ttrc 'l'clangana Slatc I?evised Pension Rules, 19t30, the pctitioncr is r:ntit.lcd to rcccive 80% retirement gratuil..v. l,'rrrlircr, n-rcrc pcndcrrc-v of criminal - 7 PK,J \q 36<) / 2024 & cc 1a68 2024 proceedings, $irhout a spccifi(; and reasoned order to withhold graru irl undcr Rulc <l or Rule 52 of the Revised Pension Rulcs, l9BO, cannot bc a ground to deprive the petitioncr of 30'% gratuit-v, cspcciall_r, when provisional pension and othcr bcr-rcfits havc lrccn rclcascd.

9. Theref<rrc, having rcgztrri ro thc lacts and lcgal position on rccord, this Cor_rrt is ol rlrc corrsidcrcd opinion that the action of thc rcspondents in r,vithholcling SOoh of the retirement gratuity and encashmcnt of earned leave amount to 1-he petitioncr solcly on t.hc ground of pendency of criminal proceedings is in clcar violation of the sccond proviso to Rule 52(1)(c) of thc 'l'clangana ltcviscd [)cnsion Rules, l9BO. The said proviso, i,rs intcrprL-tccl in rt c.rtcna oi dccisions including W.P. No.3O4,f3 ol' 20t6, W.t). No.25.:i-:> ol 2O2O, and W.p. No.3427 of 2O2 | , clcarlv cntil lcs a rctircd government servant to receive B0o/o ol thc gratuit-i. :-lmounl notwithstanding the pendency of judicial procccdings. h'urthermore, there exists no specific or rca soncd ordcr issucd by the competent authority urrdcr l{ulc 9 or Rulc 52 ol thc Revised pension Rutes, 1980, r.r,ithlrolding tlrt. saicl tcrminal berrcfits of the petitioncr. I 8 PIi.J wp 3697 202'r & cc lA68 2024 In view of thc abovc disctrssion and lhc order passed by 10. the Division Bt:nctr ol th is Co ltrl ttr W.P.No.30443 of 20i6, allorvt:d and the dated 14.02-20 17, this Writ [)ctttror.t ts dircctccl lo p.r\' 8ool' of thc Retirement respondents arc Gratuity and Barnecl Lcar"c :ttnotlt-tt to tfrc pctitiorrcr forthwith in terms o[ sccond Provlso ol [?ulc 52 (1) (c) of Telangana 1980, and the orders issued in Revised Pension Rul<:s, G.O.Rt.No. 1097, Finant:<: 22.06.2OOO. Conscqut:ntl.\'' th(r Conlcmpt There shall bc no orclcr as to (rosts' & Planning Dcpartment, dated Casc is .closcd. Misccllancous pctitiorls' i{ anr" slrall stzrnds closcd' 5 -T. TIRUMALA DEVI D P UTY REGISTRAR //TRUE COPY// ECTION OFFICER

2. The Managing

1. The PrinciPa lSecretary, lrrlunicip al Admrnistration an Urban Develooment Hyd'erabad, or, Hyderabad Metropolitan Water Supply and Sewerage Direct Dep artment, Dr.B.R.Am bedkar Secretariat Building, Secretariat, State of Telangana Board, Khairatabad, Hyderabad V-SRIHARI, Advocate I One CC to SRI ADMN & U iwo CCs to GP FOR MCPL of Telang ana, at Hyderabad ,l8Ht* sc FoR HNrwssB loPucl One CC to SRI A.VE ERESH Two CD CoPies OPUC] RBAN DEV, High Court for the State I I To 3 4 5 6 PSK. I}S HIGH COURT DATED:1 510412'.025 ORDER WP.No.3697 of 2024 & CC.No.1868 OF 2024 e J c o \ .3o 1i1E S ri 16 Y 2 3 JtJil o€SparruEo st' ! ALLOWING THE WRIT PETITION AND CLOSING THE CONTEMPT CASE WITHOUT CCISTS / /51 13 ,// ,/17