ORDER :

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

“to issue a Writ order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents withholding the pensioner benefits such as Commuted Pension, Full Pension, Gratuity, Surrenders Leave Encashment, APLGC, salary for the suspension period from 10.01.2007 to 28.10.2008, Annual Increments for the year 2007 to 2010, Revision of Pension and Promotion to District Educational Officer (Because petitioner’s Junior was promoted) etc., to the petitioner not releasing the retirement/ Pensionary benefits till date is illegal, arbitrary and consequently direct the respondents to release the entire retirement benefits to the petitioner herein forthwith and to grant such other orders…….”

2. Heard Mr. Ch. Kameswasra Rao, learned counsel for the petitioner and learned Government Pleader for Services-III appearing for the respondents.

3. Brief facts of the case are that :

The petitioner is a Retired Grade-I Gazetted Head Master, Government High School for Girls, King Market, Kurnool. He was suspended on 19.01.2007 by the 2nd respondent on the basis of a report of the 4th respondent and registered a case in FIR No.12 of 2007, dated 10.01.2007 of I Town Police Station, Kadapa. On 09.09.2006 and 10.09.2006 the Government conducted District Selection Committee Examination at Kadapa and some irregularities were happened. Thereby a criminal case was filed in C.C.No.195 of 2016 on the file of the Court of the II Additional Judicial Magistrate of I Class, Kadapa and after elaborate trial, the said case was ended an acquittal. Against which no appeal has been preferred by the respondents. During pendency of the criminal case, the petitioner made representation for reinstatement on 08.08.2008, which was considered and the petitioner was reinstated into service from 29.10.2008 and retired on 31.03.2010 at the age of superannuation and he is getting 75% provisional pension from 01.04.2010. As per enquiry report dated 27.12.2010 the then Government of A.P withheld 100% pension from 20.11.2012. Later it was restored the provisional pension instead of full pension vide G.O.Rt.No.239, dated 10.09.2016. The petitioner made several representations to the respondents, despite of numerous representation, the respondents did not take any action in not settling the full pension and other retiral benefits and promotion to District Educational Officer etc., which is illegal and arbitrary. Hence the writ petition came to be filed.

4. Per contra, 2nd respondent filed counter denying all material averments made in the writ affidavit and mainly contended that the petitioner never submitted any application for payment of the so called arrears said to have been pending with the respondents. The petitioner approached this Court belatedly claiming promotion. During his tenure and after his retirement also, he waited for a decade and he raised promotion issue without furnishing any cogent details viz., when his junior was promoted. In so far as release of gratuity, pensionary benefits etc., for the retired employees are concerned, Government is the competent authority to issue orders under Rule 9 of A.P. Revised Pension Rules, 1982. Admittedly, even according to the petitioner he is getting pension of 75% provisional pension. The entire file was forwarded to the Government on 26.12.2019 and 31.10.2021, which is pending consideration. Therefore the writ petition is liable to be dismissed.

5. The petitioner filed reply affidavit against the counter affidavit filed by the 2nd respondent and mainly contended that the petitioner was retired from service in the year 2010 and while he was in service, his junior was promoted and his are with respondents, as such the respondents have ignored and by passed the seniority of the petitioner and promoted his junior without considering his seniority on the ground of criminal case was pending