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2022 Supreme(AP) 725

TARLADA RAJASEKHAR RAO
D. Sudheer Babu – Appellant
Versus
State of Andhra Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Poodattu Amarender.

ORDER :

1. This Writ Petition is filed under Article 226 of the Constitution of India for the following relief:

    “To issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the Respondents in not granting Pension, Gratuity and other Retirement Benefits to the Petitioner, even though no disciplinary/ criminal proceedings are pending against him as illegal, arbitrary, discriminatory and violative of Articles 14, 16 and 21 of the Constitution of India and consequently, direct the Respondents to release Pension, Gratuity and other Retirement Benefits to the Petitioner forthwith, in accordance with Rules and Law and to pass such other orders.”

2. The present Writ Petition is filed for non-payment of pensionary benefits to the petitioner on attaining the age of superannuation on the ground that disciplinary cases pending against him, relying on Article 351A of the Pension Code and Rule 9(2)(a) of the Andhra Pradesh Revised Pension Rules, 1980, after retirement of the petitioner.

3. The case of the petitioner is that he was appointed as Assistant Executive Engineer on 13.05.1985 in the Panchayat Raj Department, and thereaft

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