The main legal point established in the judgment is that the authorities can only withhold pension and retirement benefits if there are pending disciplinary or criminal proceedings against the deceased employee.

ORDER :

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

“……to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents for not processing the proposals for payment of pensionary benefits and other terminal benefits of Late Gutta Radha Krishna, worked as Deputy Director of Fisheries, Eluru, to the petitioner and not forwarding the same to the Office of Accountant General, Vijayawada, for early sanction of family pension, gratuity, etc. as bad, arbitrary and contrary to Pension Rules as well as G.Os issued by the Government from time to time and also offends Arts. 14 & 21 of the Constitution of India and to pass such other or further orders…….”

2. Heard the learned counsel for the petitioner and Sri G.V.S Kishore Kumar, learned Government Pleader for Services-I appearing for respondents.

3. The Writ Petition is filed to declare the action of the respondents for not processing the proposals for payment of pensionary benefits and other terminal benefits of late Gutta Radha Krisha, worked as Deputy Director of Fisheries, Eluru, to the petitioner and not forwarding the same to the Office of Accountant General, Vijayawada, for early sanction of family pension, gratuity, etc., which is contrary to Pension Rules.

4. The husband of the petitioner herein late Sri Gutta Radha Krishna who died on 21.04.2021 due to COVID-19 while in service and worked as Deputy Director of Fisheries, Eluru. The deceased husband of the petitioner has joined in the service on 22.02.1983 and had put up about 38 years of service without any remarks and no disciplinary proceedings were initiated against him and worked as Deputy Director of Fisherires, Eluru, and he was kept as Joint Director (FAC) for a short period i.e., from 01.06.2020 to 23.09.2020 and thereupon he held his office as Deputy Director of Fisheries, Eluru.

5. After death of the husband of the petitioner i.e., late Sri Gutta Radha Krishna, Deputy Director of Fisheries, Eluru, petitioner made a representation for payment of retirement and pensionary benefits which are due to her husband. Repeated requests were made by the petitioner for payment of retirement and pensionary benefits. But the respondents have stated that they have lodged the complaint dated 15.07.2021 to the Station House Officer, III-Town Police Station, Eluru against one S.Padmanabha Murthy, Assistant Director (Admn.) and Kodamanchi Jyotsna, Fisheries Development Officer and Devaguptapu Venkata Ananta Sai Koundinya, Assistant Inspector of fisheries on the ground of misappropriation of the funds from the bank accounts of Office of Joint Director Fisheries, Eluru and accordingly, the concerned Station House Officer has taken up the complaint and registered the case on 20.07.2021 in F.I.R.No.722 of 2021, under Sections 409, 420, 468, 471, 120-B I.P.C. As the deceased husband of the petitioner worked as Joint Director only for a period of three (03) months and there is no complaint against him, the criminal case which is lodged has nothing to do with the deceased husband. Subsequently, the petitioner has made several representation including representations on 02.02.2022 and 10.02.2022, but the respondents have not forwarded the pension proposals to the concerned authorities and not taken any step for release of retirement benefits. Questioning the inaction of the respondents, the present Writ Petition is filed.

6. After notice, the respondents have filed their counter. According to the counter, Sri G.Radha Krishna, Deputy Director of Fisheries, Eluru, who worked also as Joint Director of Fisheries (FAC), West Godavari in the erstwhile district from 01.06.2020 to 23.09.2020 and surrendered to the Commissioner of Fisheries, Vijayawada due to disobeying of Hon’ble High Court Orders in W.P.No.16321 of 2020 by the erstwhile District Collector, West Godavari and worked as a Deputy Director of Fisheries, Machilip