APHC010534452024 IN THE HIGH COURT OF ANDHRA PRADESH [3208]

AT AMARAVATI (Special Original Jurisdiction)

FRIDAY,THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 27899/2024 Between:

1. S SUDHAKAR, S/O. LATE DEVABHAKTHUDU, AGE 65 YEARS, RETIRED AS FOREST BEAT OFFICER, NOW R/O. 104/107, NARASARAMAIAH GARI PALLI VILLAGE, RAMARAJUPALLI POST, C.K. DINNE MANDAL, KADAPA DISTRICT.

...PETITIONER AND

1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, ENVIRONMENT, FOREST, SCIENCE AND TECHNOLOGY DEPT., ANDHRA PRADESH SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR.

2. THE PRINCIPAL CHIEF CONSERVATOR OF FOREST, HEAD OF FOREST FORCE, CHUTTUGUNTA, GUNTUR.

3. THE CHIEF CONSERVATOR OF FOREST, KURNOOL CIRCLE, KURNOOL.

4. THE DISTRICT FOREST OFFICER, Y.S.R. (TERRITORIAL DIVISION), KADAPA. ...RESPONDENT(S):

Counsel for the Petitioner:

1. P V RAMANA Counsel for the Respondent(S):

1. GP FOR SERVICES I The Court made the following:

THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.27899 of 2024 ORDER:

The present writ petition is filed seeking the following relief:

“….to issue a Writ of Mandamus declaring the orders passed by the 4^th respondent in directing the petitioner to remit an amount of Rs.1,89,466/, Rs.10,68,152/- and Rs.84,450/- item 5, 6 and 7 are without power, jurisdiction and authority and contrary to Rule 9(2)(b) of A.P.Revised Pension Rules, 1980 and consequentially declare that the respondents cannot recover any amounts in respect of the said amounts with a consequential direction to the respondents to fix and pay the full pension with all retiremental benefits with interest @14% per annum…”

2. Heard learned counsel for the petitioner and learned Assistant Government Pleader appearing for the respondents.

3. The petitioner is a Forest Beat Officer who retired on 31.03.2020 on attaining the age of superannuation. Thereafter, his provisional pension was fixed, but the remaining retiremental benefits were not released.

4. After his retirement, the petitioner was served with proceedings dated 23.03.2020, under which a recovery of an amount of Rs.2,33,000/- was ordered. Aggrieved by the same, the petitioner preferred an appeal before the PCCF and the matter is pending. Similarly, he was issued a notice on 21.07.2018 for recovery of an amount of Rs.1,09,856/-. Against the said order, the petitioner preferred an appeal and the same was dismissed. Subsequently, another order dated 14.11.2019 was passed for recovery of an amount of Rs.30,317/- and the said amount was remitted by the petitioner. Further, three more proceedings were issued demanding amounts of Rs.1,89,466/-, Rs.10,68,152/- and Rs.84,450/-. All these amounts pertain to the year 2012-2013, which is beyond the four years period prior to the date of retirement.

5. After his retirement, the respondents have not considered and not released the leave encashment, full pension and pensionary benefits to the petitioner. When the petitioner made a request for release of the pensionary benefits, the respondents issued proceedings dated 12.07.2024 directing him to remit an amount of Rs.17,19,268/- in respect of seven incidents.

Aggrieved by the same, the present writ petition is filed.

6. Learned counsel appearing on behalf of the petitioner submitted that the impugned orders are contrary to the record and in violation of the principles of natural justice. Before issuing the impugned orders, the respondents neither conducted any enquiry nor given any opportunity to the petitioner to substantiate his case. Further, the learned counsel submitted that with regard to Sl.No.1 i.e., DFO, WLD, Proddatur, pertaining to 23.03.2020 for an amount of Rs.2,37,027/-, and Sl.No.2, pertaining to 21.07.2018 for an amount of Rs.1,09,856/-, though these two are within the time limit prescribed under Rule 9(2)(b) of the Andhra Pradesh Revised Pension Rules, 1980 (for short, ‘the Rules’), Sl.No.3, pertaining to 14.11.2019 for an amount of Rs.30,317/-, has already