THE HON’BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No.35658 OF 2025

O R D E R :

With the consent of both parties, this Writ Petition is taken up disposal at the admission stage itself.

2. This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:

“…to call for the reasons stated above, it is therefore prayed that this Hon’ble High Court may be pleased to issue a writ, order or direction, more particularly a writ in the nature of Mandamus declaring the action of the respondents in withholding retirement gratuity and encashment of leave of the petitioner as illegal, arbitrary and contrary to the rules besides violation of fundamental right guaranteed under Article 14, 16, 21 and 300-A of the Constitution of India and consequently direct the respondents for payment of 80% retirement Gratuity and Encashment of Earned Leave together with interest thereon from the date of eligibility till the date of payment of to the petitioner, in the interest of Justice and pass…”

3. Heard Sri Palle Srinivas Reddy, learned counsel for the petitioner; learned Government Pleader for Services-III for respondent Nos.1 to 3; and Sri M.Murali Krishna, learned Standing Counsel for Accountant General, for respondent No.4.

4. Learned counsel for the petitioner submits that the petitioner retired from service on 31.12.2017 in the capacity of Sub-Registrar Grade-I and while he was working at the RO (OB), Ranga Reddy, a criminal case was registered against him. Basing on the said criminal case, the petitioner was placed under suspension vide proceedings dated 30.05.2017. Further, pursuant to the petitioner’s retirement, he submitted pension papers to respondent No.3, and he was sanctioned 75% provisional pension. However, the petitioner is also entitled to gratuity and earned leave encashment as per G.O.Rt.No.1097 dated 22.06.2000, and the respondents have not released the same so far. Therefore, learned counsel prays this Court to direct the respondents to release the gratuity and earned leave encashment amount within a time-frame stipulated by this Court.

5. Learned Government Pleader appearing for respondent Nos.1 to 3 submits that since the petitioner is involved in a criminal case, as per Rule 52(1)(c) of the Revised Pension Rules, 1980, he is not entitled for gratuity and earned leave encashment amount. However, the respondents will examine the petitioner’s case in terms of G.O.Rt.No.1097 dated 22.06.2000.

6. Having regard to the submissions made by learned counsel for the respective parties, this Writ Petition is disposed of, directing the respondents to take an appropriate decision and release the retirement gratuity and earned leave encashment amount, in terms of G.O.Rt.No.1097 dated 22.06.2000 to the petitioner, as expeditiously as possible, preferably within a period of six (6) weeks from the date of receipt of a copy of this order.

Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. There shall be no order as to costs.

____________________ PULLA KARTHIK, J Date : 24.11.2025.

TMK THE HON’BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No.35658 OF 2025 Date : 24.11.2025 TMK