ORDER :

1. Heard learned counsel for the petitioner and learned standing counsel for the SAAP appearing for the respondent.

2. This writ petition is filed to issue a writ of Mandamus or any other appropriate writ, order or orders, direction or directions declaring the action of the respondent in not releasing the Pay arrears of Rs.4,48,274/-, non-fixation of full pension with effect from 01.07.2004 and non-payment of other retirement benefits like Gratuity to the petitioner on the ground of pendency of the charges pertaining to the period 1985 to 1994 without passing any final order as illegal, arbitrary and unconstitutional and to issue a consequential direction to the respondent to release the pay arrears of Rs.4,48,274/-, to release the full pension with effect from 01.07.2004 and to pay the other retirement benefits like Gratuity to the petitioner forthwith and also to pay interest on the above amounts.

3. The case of the petitioner, in brief, is as follows:

(a) The petitioner working as Manager in the Main Sports Hostel, Hyderabad since 1986, he was transferred to Vizag in August, 1992 and was posted back in the Sports Hostel, Hyderabad in March, 1993. The petitioner was asked to work in the Accounts Section in May, 1994, he was suspended on 16.07.1994 on certain allegations.

(b) Six charges were framed against the petitioner. The petitioner denied the said charges vide explanation dated 10.10.1994. The petitioner participated in the enquiry and the Enquiry Officer submitted report on 11.11.1994.

(c) The petitioner was served with a show-cause notice dated 24.11.1994 and he submitted explanation on 21.12.1994. Thereafter, the respondent ordered a fresh enquiry on 19.06.1995 holding that the report of the earlier enquiry officer was not acceptable.

(d) The Deputy Director (E&L) was appointed as Enquiry Officer to conduct a fresh enquiry. The petitioner was reinstated on 08.12.1995. Therefore, the respondent removed the petitioner from service on 18.01.2000 on the basis of original enquiry report.

(e) The petitioner challenged the said removal order in W.P.No. 4130 of 2000 before the High Court and the High Court suspended the said removal order vide order dated 15.03.2000 in WPMP No. 5485 of 2000 and consequently, the petitioner was reinstated into service and ultimately the proceedings dated 18.01.2000 were withdrawn on 13.11.2000 by the respondent and accordingly, the said writ petition has become infructuous.

(f) The petitioner retired from service on 30.06.2004 on attaining the age of superannuation of 58 years. The petitioner was allowed to retire by the respondent without any objection. The petitioner had to be paid with certain salary arrears, arrears of pay fixation, pension worked out to Rs.5,016/- per month etc., amounting to Rs.4,48,274/- by the respondent.

(g) On several representations made by the petitioner, the respondent issued proceedings dated 15.06.2007 whereunder provisional pension of Rs.2,508/- per month was sanctioned and arrears of provisional pension of Rs.95,350/- was also sanctioned. The respondent did not pay the other amounts and full pension to the petitioner on the ground of pendency of charges pertaining to the year 1994.

(h) The respondent did not conduct any proceedings so far after the retirement of petitioner except serving a charge sheet dated 25.06.2004 wherein the charges pertaining to the original charge sheet of 1994 were revived. The petitioner submitted explanation on 10.09.2004 and thereafter, no enquiry took place.

(i) The petitioner was served with show cause notice on 04.11.2006 wherein the respondent informed the petitioner that they have referred all the bills submitted by the petitioner for the period 1985 to 1994 for an amount of Rs.26,07,076/- to a Chartered Accountant who had found them to be bogus and accordingly it had been decided to recover the said amount from the petitioner. The petitioner was directed to show cause as to why the said amount should not be recovered. A copy of