A retired government employee is entitled to receive 80% of their gratuity even during the pendency of criminal cases or disciplinary proceedings, provided the case does not fall under specific exclusions of the Civil Services (CCA) Rules.

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate order or directions more particularly, one in the nature of Writ of Mandamus, declaring the action of the respondents in not releasing the Encashment of Earn Leave on pendency of Criminal cases vide C.C.No. 27 of 2007 on the file of the III Additional District Judge - cum Spl. Judge for ACB Cases, at Visakhapatnam, vide Charge Memo G.O.Rt.No. 754 Revenue Department dated 14.09.2020 and Criminal Case vide Crime No. 06/RCA-CIU-ACB/2018 dated 01.11.2018 in Central Investigation Unit ACB Vijayawada in terms of G.O.Rt.No.1097, Finance and Planning Department, dated 22.06.2000 as highly illegal, arbitrary. discrimination and violation of Article 14, 16 and 21 of the Constitution of India and consequentially direct the respondents to release the Encashment of Earned Leave to the petitioner, pendency of the above criminal cases and departmental proceedings in pursuance of G.O.Rt.No.1097, Finance and Planning (FW.Pen.l) Department, dated 22.06.2000 and similar orders passed in W.A.NO 196 of 2022 dated 16.02.2022and to pass

IA NO: 1 OF 2026

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondents to release the Encashment of Earned Leave, to the petitioner forthwith in pursuance of G.O.Rt.No.1097, Finance & Planning (FW.Pen.l) Department, dated 22.06.2000 and similar orders passed in W.A.No 196 of 2022 dated 16.02.2022pending disposal of the above writ petition and pass

Counsel for the Petitioner:

1. T S N SUDHAKAR

Counsel for the Respondent(S):

1. GP FOR SERVICES II

The Court made the following:

ORDER:

The petitioner, a retired Assistant Motor Vehicle Inspector, filed the above writ petition complaining inaction of the respondents in releasing the encashment of earned leave on the ground of pendency of charge sheet in C.C.No.27 of 2007 on the file of the III Additional District & Sessions Judge-cum-Special Judge for ACB Cases, Visakhapatnam, as illegal, arbitrary and contrary to the Proviso (ii) of Rule 52 (1)(c) of Andhra Pradesh Revised Pension Rules, 1980 .

2. Heard the learned counsel for the petitioner, Sri S.Raju, learned Assistant Government Pleader for Transport and the learned standing counsel for 3rd respondent.

3. The petitioner while working as an in the office of Transport Department, was suspended on 18.12.2018 because of the ACB trap. The petitioner retired from service on 31.07.2024 on attaining the age of superannuation. During pendency of the above said case, the petitioner is entitled to claim 80% of Gratuity in terms of Rule 52 of A.P. Revised Pension Rules, 1980 and G.O.Rt.No.1097 dated 22.08.2000, but the respondents did not even consider the representation of the petitioner submitted and did not pay the 80% of gratuity to the petitioner. Hence, the present writ petition.

4. At the hearing, learned counsel for the petitioner would submit that though the petitioner is entitled to 80% of gratuity, the same is not paid despite G.O.Rt.No.1097 Finance and Planning (FE.Pen.I) Dept., dated 22.06.2000. Learned counsel brought to the notice of this Court to the order of the Division Bench of the Composite High Court in W.P.No.30443 of 2016 and the order dated 19.10.2023 passed by the learned Single Judge of this Court in W.P.No.27789 of 2023.

5. As per the submissions of the learned Assistant Government Plea