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SUREPALLI NANDA
P. Laxmamma – Appellant
Versus
State of Telangana – Respondent
ORDER :
Heard the learned counsel for the petitioner and Learned Assistant Government Pleader for Services.
2. This writ petition is filed to issue a writ of Mandamus or any other appropriate writ or writs, order or direction, declaring the impugned order dated 25.06.2019 in Memo No. No.9472/Vig.III/2019 of the 1st respondent as illegal and in violation of principles of natural justice and in utter violation of Service Rules and Revised Pension Rules and consequently direct the respondents to forthwith release all the terminal benefits of petitioner’s husband in favour of petitioner with interest @ 12% per annum apart from granting regular Family Pension in favour of the petitioner and costs.
PERUSED THE RECORD
3. The order impugned dated 25.06.2019 passed in Memo No.9472/Vig.III/2019, reads as under :
In the absence of disciplinary proceedings before the death of a government employee, recovery orders for alleged misappropriation of funds cannot be sustained, and the G.O.Ms.No.85, Finance and Plan....
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 deceas....
The abatement of disciplinary proceedings can only be from the date of death of the delinquent, and the recovery of pecuniary loss from the legal heirs is subject to a conclusive determination of the....
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