Retirement benefits cannot be withheld solely due to pending criminal investigations, as established by precedent and relevant rules.

ORDER:

This writ petition is filed under Article 226 of Constitution of India seeking following relief;

“to declare the action of the respondents in not releasing the Encashment of Earned Leave amounts and 80% Retirement Gratuity on mere pendency of (1) CC/88/2018 on the file of the Hon’ble Court of special judge for SPE and ACB Cases, Rajamhendravaram, (2) CC/141/2018 on the file of the Hon’ble court of special judge for SPE and ACB Cases, Rajamahendravaram, (3) FIR No.01/RCT-RJY/2023 dated 19-01-2023 pending without any progress, contrary to the Rule 52(C) II Proviso of A.P.Revised Pension Rules and also contrary to the existing Rules, G.O.Rt.No.1097, Finance and Planning (FW Pen.l) Department, dated 22.06.2000 as illegal, arbitrary, discriminatory, consequently direct the respondents to release Encashment of Earned Leave along with 80% of Retirement Gratuity of the petitioner, pending FlRs in terms of Similar Orders passed in W.P. No.2545 of 2020, dated 24.02.2020 and W.P.No.3421 of 2021, dated 19.03.2021 and Division Bench Orders passed in W.P. No.30443 of 2016 , dated 14.02.2017 and pass such other orders.”

2. Heard Sri Sayed Sardar Sahebkil, learned counsel, appearing for petitioner, learned Assistant Government Pleader W.P. No.27547of2024 for Services - I, appearing for the respondents 1, 2 and 5 and Sri R.Kalyan Chakravarthy, learned standing counsel, appearing for respondents 3 and 4.

3. Petitioner has retired as Executive Engineer while working with 3rd respondent Corporation on 28.02.2023. During service, he was initially implicated in ACB trap case in the year 2010, the same has later culminated into C.C. No.88 of 2018 pending on the file of learned Special Judge for SPE and ACB Cases Rajamahendravaram. Later, another cri crime was also registered on the allegation of corruption for disproportionate assets, which IS presently pending in C.C. No.141 of 2018 on the file of learned Special Judge for SPE and ACB Cases Rajamahendravaram.

Both the cases are pending for trial. Though petitioner has retired from service, on account of pendency of aforesaid two criminal cases, the respondents have retained the gratuity, encashment of earned leave and other benefits. Petitioner has made several representations dated 24.05.2023, 03.07.2023 and 26.09.2023 by placing reliance on G.O.Rt.No.1097, Finance and Planning (FE.Pen.l) Department, dated 22.06.2000 claiming for releasing of the retiremental benefits in terms of the same.

However, as the respondents have not passed any orders, petitioner preferred present writ petition.

4. Learned counsel for petitioner by referring to G.O.Rt.No.1097, dated 22.06.2000, contends that respondents not entitled to withhold all the amounts on mere pendency ^of are criminal cases and that petitioner is entitled to be paid 80% of retirement gratuity besides releasing encashment of earned leave. Petitioner has also placed reliance on orders passed by the Coordinate Bench of this Court in W.P. No.33884 of 2022 , which followed the orders passed by the Division Bench of this Court in W.P. No.2545 of 2000 , which has considered the purport of G.O.Rt.No.1097, dated 22.06.2000.

Per contra, learned standing counsel appearing for

5. respondents tried to justify the action of respondents Contending that in view of pendency of criminal cases, the respondents have withheld the aforesaid amounts as claimed by petitioner to be entitled.

A Coordinate Bench of this Court in W.P. No.33884 of 2022 6. while considering the purport of G.O.Rt.No.1097, Finance and Planning (FE.Pen.l) Department, dated 22.06.2000, held as follows:

“...8. On a perusal of the material on record, this Court observed that, the Government vide G.O.Rt.No.1097, Finance and Planning (FE.Pen.l) Department, dated W.R No.27547 of 2024 22.06.2000