ORDER

This writ petition is filed seeking the following relief:

“……..to issue an appropriate writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the Full pension and terminal benefits including pension gratuity and other attendant benefits including commutation consequent on the retirement of the petitioner on attaining the age of superannuation of 58 years on 31/10/2018 in the cadre of Tahsildar and releasing only the provisional pension vide proceedings No 1 /122/ 2019 dated 30/11/2019 of the Chief Commissioner of Land Administration Telangana Hyderabad without any authority of law under the guise of the proceedings CCLAs Ref VSI2/277/2016 dated 8/6/2016 read with proceedings No A4/1239/2016 dated 8/5/2016 without serving any charge memo issued by the competent authority before/after retirement 31/10/2018 as illegal arbitrary unjust and subversive of Articles 14, 16 and 300A of the Constitution of India besides being contrary to the provisions of revised pension rules and hold that the petitioner is entitled to be released the full pension and terminal benefits including commutation gratuity with an interest of 18 Percent per annum with effect from the date of retirement till the date of payment……”.

2. Heard learned counsel appearing for the petitioner.

3. The brief facts of the case are as follows:

The petitioner joined the respondent’s office as a Junior Assistant on 03.07.1984. Subsequently, he was appointed as Deputy Tahsildar (KRRC) in Collectorate since June 2011 and holding full additional charge of the post of Tahsildar C Section. While so, he was issued Charge Memo No. A4/1239/2016 dated 08.05.2016 by the 4th respondent District Collector, Mahbubnagar, pursuant to the Vigilance Department Report No.120 (C.No.22/V&E)NR-1/2014 dated 14.03.2016. The said Charge Memo contained two articles of charges framed against the petitioner:

“Article-1:-

He has influenced the officials of TSMDC Ltd., Mahabubnagar to send the (4) lorries of sand for the civil works taken at Collectorate without remitting the cost of the sand as per the rate fixed by the Government violating the provisions of Telangana State Sand Mining Rules, 2015.

Article-2 He influenced the Sub Inspector of Police, Mahabubnagar Rural Police Station in releasing of two seized sand lorries and also to nullify the case registered vide FIR No. 208/2015 while giving the deposition that as per the orders of the Dist. Collector, Mahabubnagar, he has instructed the officials of the TSMDC Ltd., to send the lorries to the Collecorate, Mahabubnagar”

4. The petitioner, vide letter dated 18.06.2016, submitted his explanation to the said articles of charges, denying the allegations and the charges framed against him. Subsequently, he retired from the service on attaining the age of superannuation on 31.10.2018. Later, the 3rd respondent Chief Commissioner of Land Administration (CCLA), Telangana, vide order dated 30.11.2019, sanctioned only 75% of provisional pension commencing from 01.11.2018 subject to withholding of gratuity to the petitioner. On the grounds that disciplinary cases were pending against the petitioner. The petitioner, aggrieved by the same, submitted a representation dated 13.12.2019 to the 4th respondent District Collector, Mahbubnagar, contending that the action of the 3rd respondent in granting only 75% of the provisional pension to the petitioner was erroneous and requested to dispose of the matter, but to no avail. Aggrieved thereby, the present writ petition is filed.

5. Learned counsel for the petitioner submitted that pursuant to the order of the 3rd respondent dated 30.11.2019, an Inquiry Report was annexed to letter No.Rev/A4/DCSA/0047/2019 dated 23.01.2022 from the Collector and District Magistrate, Mahbubnagar, addressed to The Chief Commissioner of Land Administration, Telangana, for taking further necessary action in the matter. The opinion of the Enquiry Officer in the