Pension is a property right protected under Article 300-A of the Constitution; unauthorized withholding is unlawful and must be redressed by authorities.

ORDER :

Surepalli Nanda, J.

Heard Sri C. Raja Shekar Reddy, learned counsel appearing on behalf of the petitioner, learned Government Pleader for Irrigation & Command Area Development, appearing on behalf of the respondent Nos.1 and 2, and the learned Government Pleader for Services-II , appearing on behalf of respondent No.3.

2. The petitioner approached the Court seeking prayer as under:

“…to issue an appropriate Writ, Order of direction preferably one in the nature of Writ of Mandamus and to declare the inaction of the respondents are not releasing the pension and pensionary benefits of the petitioner though he was retired from service vide proceedings dt 30/6/2020 as Sweeper-cum-Watchman in the office of the 3^rd respondent is highly illegal, arbitrary, unreasonable, discriminatory and also in violation of principles of natural justice and also in violation of Articles 14, 16 and 21 of the Constitution of India and declare the same as bad in law and consequently direct the respondents to release the pension and pensionary benefits for which the petitioner is entitled as he was retired from service on 30/6/2020 as Sweeper cum Watchman in the office of the 3^rd respondent and to pass...”.

3. The case of the petitioner, in brief, is that the petitioner was initially appointed as Contingent Sweeper-cum-Watchman on 20.07.1989 and thereafter the services of the petitioner were absorbed and converted into regular post in the last grade service as per the proceedings dated 25.04.2001. The petitioner was also given special grade scale after completion of 8 years of service in the last grade service. Thereafter, the 2^nd respondent issued proceedings dated 31.03.2009 cancelling the conversion order of the petitioner as a last grade service as per G.O.Ms.No.184, dated 28.06.1991 without issuing any notice to the petitioner. The petitioner filed O.A. No.5161 of 2009 before the Tribunal challenging the impugned cancellation of conversion orders dated 25.04.2001 and the same was suspended by the Tribunal vide orders dated 09.04.2009. The Government filed VMA No.164 of 2010 against the order dated 09.04.2009 and the same was dismissed vide orders dated 14.09.2011. The petitioner had retired from service on 30.06.2020 and after retirement petitioner submitted all the documents for pensionary benefits, but the respondents have not taken any action till date even after multiple representations. Aggrieved by the same, the petitioner approached the Court by filing the present writ petition.

4. PERUSED THE RECORD

A. The relevant portion of the order of this Court, dated 23.09.2023 passed in W.P.Nos.26566 and 41971 of 2022 is extracted hereunder:-

9. Having regard to the rival contention and the material on record, this Court finds that the petitioner has been converted as a Sweeper-cum-Watchman vide proceedings dated 25.04.2001 and the cancellation have been challenged before the Tribunal and the Tribunal has already set aside the same by holding such orders to be in violation of principles of natural justice. However, liberty was given to the respondents to take action in accordance with law. In spite of the orders being passed by the Court in the year 2011, the respondents have not taken any action to re-initiate proceedings against the petitioner for cancellation of regularization. The interim direction of the Tribunal was to continue the petitioner in the last grade service and he was also sanctioned regular annual grade increments every year and also regular PRCs were admittedly released in favour of the petitioner. Since, the appointment of the petitioner and absorption thereafter has not been disputed by the authorities, the petitioner is en