ORDER

This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:-

“…. to issue a Writ, Order or Direction, Particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in not considering the representation of the petitioner and deciding his seniority and payment of his full salary amounts withholding of the amount of 25% percent salary, full amount of HRA from 29.09.2008 till and increments thereon, 25% of retirement pensionary benefits and payment of his retirement benefits by fixing his seniority and promotion and all consequential benefits of notional promotion/s as illegal…..”

2. The case of the petitioner in brief is that the petitioner is a retired employee in the respondents department of State of Andhra Pradesh. He was promoted as Special Deputy Collector on 01.04.1998. While he was working as Special Deputy Collector, Land Acquisition SEZ Unit at Tirupati, he and 5 others were dragged into a trap case on 24.09.2008 and imputed and charge sheeted for the alleged offences under the Prevention of Corruption Act, 1988 by the ACB Tirupati and registered the crime in C.C.No.16 of 2015. The petitioner was suspended by the 1^st respondent on the same day i.e., on 24.09.2008 and 75% of suspension allowance was paid to him and no HRA is paid. He was continued under suspension till June, 2011. As there is no DPC, his suspension orders were revoked in the month of June, 2011. He was retired from the same post on 31.05.2012 on superannuation without effecting any promotions. The Calendar Case No.16 of 2015 has ended in dismissal by acquitting the petitioner on 19.02.2020, therefore, no proceedings are pending against him. It is further submitted that the petitioner has made representations dated 19.04.2021, 21.06.2021 and 12.07.2021 to the respondents informing his acquittal and requesting to release his pensionary benefits and other fringe benefits/ consequential benefits, but till today the respondents have not considered and disposed of his representations.

3. Heard the learned counsel appearing for the petitioner and the learned Government Pleader for Services-I appearing for the respondents.

4. During the pendency of the writ petition, the 2^nd respondent issued G.O.Rt.No.819, dated 31.08.2023 wherein, para No.6 of the same reads as under:

Government, after careful examination of the orders dated 19.02.2020 of Hon’ble Spl. Judge for APE & ACB cases, SPSR Nellore, hereby drop further action against Sri Gade Sainath, the then Special Deputy Collector, Special Economic Zone, Unit-1, Tirupathi, Chitttoor (now retired) and exonerate him from the criminal charges framed against him, in the matter.

5. In view of the above G.O.Rt.No.819, dated 31.08.2023, the respondents are directed to pay full pension and other retirement benefits due to the petitioner within a period of three (03) months from the date of receipt of a copy of this order with interest at the rate of 10% from the date of acquittal granted by the Criminal Court till the date of actual payment. There shall be no order as to costs.

6. With the above directions, this Writ Petition is allowed. There shall be no order as to costs.

As a sequel, miscellaneous applications pending, if any, shall also stand closed.

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DR. K. MANMADHA RAO, J.

Date: 09.01.2025 SJ

184 THE HON’BLE DR. JUSTICE K. MANMADHA RAO W.P.No.14746 of 2021 Date : 09-01-2025 SJ