I N THE HI GH COURT OF TELANGANA AT HYDERABAD

WRI T PETI TI ON No.5179 OF 2021

Between:

J. Shiva Shankar

… Petitioner

And

The State of Telangana rep. by its

Chief Secretary, Revenue (Vigilance-I) Department,

& 5 others

… Respondents

JUDGMENT PRONOUNCED ON: 09.04.2025

THE HON’BLE MRS. JUSTI CE SUREPALLI NANDA

1. Whether Reporters of Local newspapers : Yes

may be allowed to see the Judgment?

2. Whether the copies of judgment may be : Yes

marked to Law Reporters/Journals?

3. Whether Their Lordships wish to : Yes

see the fair copy of the Judgment?

_______________________________ MRS. JUSTI CE SUREPALLI NANDA

THE HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.5179 OF 2021 % 09.04.2025 Between:

# J. Shiva Shankar … Petitioner And $ The State of Telangana rep. by its Chief Secretary, Revenue (Vigilance-I) Department, & 5 others … Respondents Gist:

> Head Note:

! Counsel for the Petitioner : Sri S. Gopal Rao ^ Counsel for Respondents : Ld. Asst. G.P. for Services - II ? Cases Referred:

HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.5179 OF 2021

ORDER:

Heard Sri S.Gopal Rao, learned counsel appearing on behalf of the petitioner and the learned Assistant Government Pleader for Services-I I appearing on behalf of the respondents.

2. The petitioner approached this Court seeking the prayer as under:

“…to issue a writ in the nature of Mandamus or any other appropriate writ, order or direction, by declaring the proceedings of the 1^st respondent bearing G.O.Rt.No.38, Revenue (Vigilance-I) Department, dt.1-2- 2021, imposing a penalty of 10% cut-in-pension for a period of 3 years against the petitioner and set aside the same, as illegal, arbitrary and unconstitutional being violative of Articles 14, 16 & 21 of Constitution of India and consequently direct the respondents to accord notional promotion in the category of Deputy Collector and Special Grade Deputy Collector with effect from a due date and further fix his pensionary benefits based on such notional promotion by applying pay scales as revised from time to time by regulating various spells of period as on duty by passing orders by the 1^st respondent on the proceedings of the 2^nd respondent bearing CCLA's Lr.No.Ser.III(1)/314/2018, dt. 29-02-2020 and direct the respondents to release the entire pensionary benefits including DCRG, Commutation etc., with interest, as otherwise the petitioner will be put to heavy and irreparable loss.”

3. The petitioner was initially appointed as a Probationary Deputy Tahsildar through APPSC in 1985 and was promoted as Tahsildar in 1996. Though eligible for promotion to Deputy Collector in 1998–99, the petitioner’s case was deferred due to a pending disciplinary case, and the petitioner’s junior, Sri K. Madhusudhan, was promoted instead. Subsequently, punishment of one annual grade increment stoppage with cumulative effect was imposed on 27.08.2002 but was later set aside on 22.10.2007. In 2010, baseless allegations from 2008 led to a charge memo vide G.O.Rt.No.700 Revenue (Vigilance –III) Department dated 12.05.2010, to which the petitioner submitted a detailed explanation denying the allegations on 12.08.2010. Despite retiring on 31.03.2013, the petitioner’s provisional pension was delayed until 2018 and released only after filing a contempt case with the A.P. Administrative Tribunal. The petitioner was also falsely implicated in SC/ST Sessions Case No.18 of 2003 and was acquitted on 23.09.2005. Subsequently, G.O.Rt.No.38 Revenue (Vigilance –I) Department dated 01.02.2021 was issued to the petitioner imposing penalty of 10% cut in pension for three years. Aggrieved by the same, the petitioner filed the present writ petition.

PERUSED THE RECORD:

4. This Court, on 24.03.2021, passed interim order in favour of the petitioner observing as under:

“In view of the same, the 1^st respondent-State of Telangana is directed to release 90% of the pensionary benefits in favour of the petitioner within a reasonable period of time.

Post the Writ Petition for final hearing imme