High Court · 2025

District Registrar, Registration and Stamps Yadagiri Bhongir, BHONOGIR Sri,K.C. Prashanth Kumar, s/o not known, age not known Retired Sub- Registrar, Office of Sub-Registrar, Huzurnagar Suryapet District 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 particuiarly one in the nature of Writ of Mandamus declaring the petitioner is entitled for ...RESPONDENTS i) ii) Treatment of suspension period from Og OT '2007 to 30 07 2009 as on d uty for all PurPoses' Treatment of out of employment period from 12 05'2011 to 3'1 01 2020 as continuity in service for all purposes and payment of pay and allowances uPto 31 01 '2020 ' Pay protection and pay fixations in the Revised Pay Scales' grant of annual grade increments the date of my attaining age of superannuation on 31-01-2020 iv) Restoration of senioritY and Promotion as Senior Assistant on Par with th Kumar w.e.f. 14-12-2007' retiral benefits based on pay fixed iii) v) vi) my immediate junior Sri K C Prashan Sanction of pensionary benefits and as on 31 .01 .2020. Sanction of SPeci from 1991 to 1999 the date of mY suPerannuation' al Grade Scale in the Category of Junior Assistant and in the category of Senior Assistant from 2013 to 2019 by holding the action of the respondents in not sanctioning the afolementioned benefits ie ' (i) to (vi) pursuant to his acquitted in Criminal Appeal No.379 of 2011, dated 02 07 '2024 by the Hon'ble High Court Telangana at Hyderabad with all consequential benefits as being arbitrary' illegal, unjust, discriminatory and in violation of Articles 14 and '16 of The constitution of lndia and consequentialy set aside the proceedings No- Et175OI2OO7 dated 'l 2-05-20'1 '1 of the District Registrar' Nalgonda' IA NO: ,t oF 2024 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 direct the respondents to sanction the provisional pension with effect from 01 .02.2020 based on the pay of the petitioner as on 12-052011 ' the date of dismissar from service by suspending proceedings No. E/,'75012007 dl' 12.o5-2olloftheDistrictRegistrar'Nalgonda,pendingdisposaloftheabove Writ Petition. lA NO: 1 o F 2025 Between: ' H8n,iifi 'B"Bl#llff $1",H"ir,+.,:Lffr?SL c h ier secretary Reven ue 2 IP, gof,rissioner and lnspector General of negistration a-nJvi'n ilyoeraoaa-soo Regiskation and Stamps, 3. Dy. lnspector General. n i no s he! istr;ffi '6t,T;8]il',il3*#-rt'3,nrs, Hvderabad o/o ca n d r G or 4 District Registrar' Registration and stamps Nargonda District, NALGoNDA- 5. District Registrar, Registration and Stamps yadagiri Bhongir, BHONOGIR AND ...PETITIONERS 1 2 S Krupakar Reddy. S/o. L jgsllt,t,J,#...lJ5s,."'t1,.";sssy5r'ffi 1,',i'r33/,os;'.:',J,f; '8",s",i 5 3 :f;? ,?:a'#s:,:, SJfl ft : n,:1?" i il, j;fl:! ;,tn"rl;:, Hs,I:, Ret i red s u b_ Qetition under section I 51 cPC praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to vacate the interim orders dated 04-10-2024 in wp.No.2 7gg4 0f 2024 anddismiss the Writ Petition. ...RESPONDENTS Counset for the petitioner: SRI A.RAMA RAO Counsel for the Respondent No.1 to S: Gp FOR SERVICES-I CONT EMP T CAS E NO: 2720 0F 2024 Petition under Sections 10 lo 12 of Contempt of Courts Act 1971praying that the High court may be pleased to punish the contemnors/ respondents herein, in accordance with raw, for wiilfur disobedience and vioration of the order dated 04t10t2024 inW.p. No.27984 of 2O24. r,,l Between: s K ru pak ar Redd v,, s/o Late s atvana ravT 9 . T6iroJ,,in;,l 3'" I;f,"e"o,3;r, F.*;i[ Jr Asst (Cetd) Motkur''R/o 5-5-1 1 vl"Mriur,prt,'n.' ui)o"i'n'o - 500 070 ...PETITIONER AND 1 Dr Jyothi Budha Prakash, IAS' S/o and a-se i'Fidlii il;;;i,"n[ St't" or ielangana' secretar'at' t '9t \"9Ytd:ff;"rt31tff6i2'" jJl8X,i.',?,1i,i'-$P.i,:l:.TStl:il;:*fl 8U,l],1?3"t8il#'":"131 ?I.ir,",'g 953, HYderabad-500 095' G. Mad h u s ud ha n Red dv t'ni"oToX, "fli'r,Hinfi "U" "C' f o,A"* o*"nE't Reoistration and StamPs, iifi i;Uil; ahavan, HYberabad-5oo oes Harikota Ravi. Sio and age not known Distnct. Registrar' FAC' Registration and Stamps Yadagiri enotli "3?ddtFi rl'6'Coronvl Nabonda-508 001 2 3 4 ...CONTEMNORS Counsel for the Petitioner: SRI A'RAMA RAO Counsel for the Respondents: GP FOR SERVICES-I TheCourt made the following: COMMON ORDER I THE HON'BLE SRT JUSTICE PULLA KARTHIK WRIT PETITION N0.27984 0F 2024 AIttD CONTEM PT CASE No.272O oF 20.24 COMMON ORDER: This Writ petition is filed under Article 226 of Constitution of India seeking the following relief: "...to issue a Wit, Order or Dtrection, more partiallarlL one tn the nature of Wit of Mandomus declanng the pLtitiotner ts enti ed. for (i) Treqttl.ent of suspenston pen"a loi oe.oi.zooi to so.oz.zoos o, ":n du-ty" -f:r atL purpojls^ oJ out o1 .mptogment period from 12,O5.2011 to 3t.O j.2O2O -(u) ^Treatment """"ti"it g ln serutce, for all ", p.urposes ond pagtnett of p.gy and altowanis upto 31.01.2020. (iii) PaA protectrcn ancl pag fr*attons in the Reuised pag ScrrLes, grant of annual qrad.e increments the date of mg attanntng age of superannuation on 31_Q1-2O2O (iu) Restiratii o1 promotion os Senlor Assistanl on pqr with my immediate junior Si "enioritg" K.C.prctshanth Kumor w.e.f. 14_1i_2o07 O) d";;;" oJ pensionary benefits and rettrat be,nefiti bor.a on pog jo.i or.-in Sl.Ol.ZOZO, ,n date of mg superannuatton and (ui) sinJtion "j ip""r"t Grade scale in th,e Category of Juntor Assisrani from 19d1 i, and in the category of Senior Assistant from 2b13 b 2O1g bA hotding the action of the respondents in not sqnctioning tn, o1_"^iitio,ned beneJits i.e., (i) to (ui) pursuari to his acqutt.tea ii camiiat epp.i t'to szs of 2o11, dated 02.07.2024 bg the .Hon.ble High Court f"i;;;;"" at Hgderabad w.i.tlt all consequentictl be1efil.s aJ A.i"g "rOiiri;, tuegal, unjust, discriminatory qnd tn , uiotition of A;icb.s li'ana 16 of The Constitulton of India and consequentially set asid.e thi proceed.tngs No. E/1750/2007 aatea |Z_OS_ZOi| of tie Dstrr"t nig*t or, Natgonda and pass... " -i-ggg 2' In the present writ petition, this court while ordering Notice before Admission on 04. IO.2024 granted the following interim order: respondents and seeks time to hle counter. "Learned Government pleader takes notice on behalf of Pending disposal of the Writ petition, the respondents are direc_ted to sanction provisional pension to the petitioner in terms of G.O.Rt.No.1O97, Fin. (FW:pen-I) Department dated 22.06.2000" 2 PK,J wo 279a4-2O25 8n C. 2720 2024 .- \. "--'1 t

3. According to the petitioner' the respondents did not comply with the interim order of this Court Therefore' the petitioner filed Contempt Case No'2720 of 2024 for violation of the Court's order da:ed 04 lO'2O24' Therefore, both the Contempt Case and the Writ Petition 4 are taken uP for disPosal'

5. Heard Sri A Rama Rao' learned counsel for the petitioner and the iearndd Government Pleader for Services I for resPondent Nos l to 5 Perused the material available on record.

6. L,earned counsel for the Petltloner submits that the initially appointed as Junior Assistant on petitioner was 10.12.1991 and while he was working at Sub-Registrar's Offrce,Ramannapet,helvasplacedundersuspensionuide proceedings datecl 09'07'2007' consequent to registration of a case in Crime No 13/ACB-HR/2007 against him on the file of Anti-Corruption Bureau, Hyderabad Range' However' the suspension order of the petitioner was revoked by respondent No.4 uide proceedings dated 30 07'2OO9 and accordingly' the petitioner rejoined duty on 3l 'O7 '2OO9 ' After investigation' 3 PK,J wp 2'7984 2025 & Cc 2720 2024 charge sheet was filed before the learned I Additional Special Judge for SPE and ACB Cases, City Civil Court, Hyderabad uide C.C.No.29 of 2OO8 and uid-e order dated 23.03.2011, the petitioner was found guilty and convicted for the offences alleged against him. Consequently, the petitioner was dismissed from service without any enquiry, by proceedings dated 12.O5.201 1. Aggrieved by the same, the petitioner filed Crl.A.No.379 of 2Oi l before this Court and by order dated O2.O7.2024, the same was,.allowed ald the conviction order dated 23.03.201 1 wag set aside. Further, during the pendency of the aforesaid Criminal Appeal, the petitioner attained age of superannuation on completion of 5g years as of 31.O1.2020. It is further submitted that the petitioner was neither employed nor engaged in any gainful business or venture during the period of suspension or the period he was out of employment. It is further submitted that the petitioner was dismissed from service by proceedings dated l2.OS.2Oll on the ground that he was convicted in ACB case uid_e C.C.No.29 of 2008 dated 23.03.2O11 passed by the learned Specia_l Court and the petitioner was acquitted from the said ACB case uide judgment dared O2.OT.2O24 passed by this 4 PK,J Wp-27984 2025 & Cc 2720-2021 \ Court in Cr1.A.No.379 of 2Ol1. Therefore, learned counsel pravs this Court to set aside the impugned proceedings' dated 12.O5.2011 and direct the respondents to release all consequential benefits in view of petitioner's acquittal in the ACB case. In support of his contentions, learned counsel for the petitioner has placed reliance on the judgments rendered by the Hon'ble Supreme Court in Goventment of Andhra Prcrdesh and another v. B.Jagieeaan Rao1l Shobha Ro,m Raturi a. Haryana Vidgut Prasaro:n Nigo:rn Limited and others2 and. Ram Lal v, State of Ro,jasthans'

7. Per contra, learned Government Pleader for the respondents submits that while the petitioner was working at Sub-Registrar's Office, Ramannapet, he was remanded to judicial custody by the ACB officials .on the allegation that he had accepted a bribe of Rs.4,000/ on O5'O7 '2OO7 ' Consequently', the petitioner was placed under suspension on Og.O7 .2OO7 . However, the suspension order was revoked on

30.07 .2OOg and accordingly, the petitioner rejoined duty on

31.O7.2OO9. Basing on the conviction in the criminal case