ORAL ORDER

Dt: 27.10.2021 (per Prashant Kumar Mishra, CJ)

Aggrieved by the action of the respondents in not processing the pension papers of the petitioner for sanction of pension and other retirement benefits, such as gratuity, commutation of pension, group insurance, encashment of earned leave etc., the petitioner filed the present writ petition.

2. The petitioner was a Judicial Officer and he has retired from service on attaining the age of superannuation on 30.06.2020, while working as VI Additional District Judge, Gooty, Anantapur District. In the writ affidavit, it is stated by the petitioner that he came to know that the Government of Andhra Pradesh has issued G.O.Ms.No.279, Law (LA & J) Department, dated 16.10.2020, according sanction under sub-clause (i) of clause (b) of sub-rule (2) of Rule 9 of A.P. Revised Pension Rules, 1980 (for short, ‘the Rules of 1980’), to initiate disciplinary proceedings against him, but as on the date of filing of the writ petition, no disciplinary proceedings were initiated against him. The petitioner raised a grievance that though there is no embargo to sanction pension and other retirement benefits, the same are not being sanctioned.

3. Referring to the averments in the counter-affidavits filed by respondent Nos.1, 2 and 3, it is submitted by the learned standing counsel for the High Court as well as the Government Pleader for Law & Legislative Affairs that pursuant to issuance of G.O.Ms.No.279 dated 16.10.2020 by the Government, according sanction to initiate disciplinary proceedings against the petitioner, disciplinary proceedings commenced and articles of charges were framed and communicated to the petitioner. As departmental proceedings are pending against the petitioner, the Registrar (Administration), vide communication bearing Roc.No.669/2020-B1 dated 04.06.2021, has requested the Government to issue necessary orders for sanction of provisional pension to the petitioner in terms of Rule 9(4) and Rule 52(1)(a),(b)&(c) of the Rules of 1980. Pursuant to the aforesaid communication dated 04.06.2021, the Government of Andhra Pradesh has issued G.O.Rt.No.215, Law (LA&J. SC.F) Department, dated 26.07.2021, sanctioning provisional pension at the rate of 75% of normal pension to the petitioner, without prejudice to the departmental proceedings pending against him.

4. It is submitted by Mr. N. Harinath, learned Assistant Solicitor General, that the 4th respondent-Accountant General, Andhra Pradesh, has also issued authorization for payment of provisional pension @ 75% of normal pension and the same was communicated to the Registrar (Administration), vide letter 28.09.2021. A copy of the said letter dated 28.09.2021 is also placed on record.

5. Learned counsel for the petitioner submits that despite issuance of the aforesaid orders, the petitioner is not being paid the provisional pension sanctioned to him.

6. In the circumstances, since orders have been passed sanctioning provisional pension at the rate of 75% of normal pension to the petitioner, we direct that the petitioner shall be paid provisional pension so sanctioned and the arrears of such provisional pension, if any, be paid within a period of one month from today.

7. The writ petition is disposed of with the above direction. No costs.

pending miscellaneous applications, if any, shall stand closed.

PRASHANT KUMAR MISHRA, CJ A.V. SESHA SAI, J IBL