THE HON’BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION (T.R).No.786 OF 2017

ORDER:

The present writ petition is filed aggrieved by the action of the respondents in not finalizing the Pensionary benefits due to the petitioner pursuant to his Superannuation on 30.06.1996, inspite of several representations and the latest representation being 09.05.2013 addressed to the 2nd respondent and the same is illegal, arbitrary and violative of Articles 16 and 21 of Constitution of India.

2. Heard Smt. Ambuja Mane, learned counsel appearing for the petitioner, learned Assistant Government Pleader for Services-II appearing for respondent No.1 and Mr. A. Tirupathi Goud, learned counsel appearing for respondent No.2 and perused the material available on record.

3. Learned counsel for the petitioner submitted that the petitioner was superannuated on 30.06.1996 as Assistant Civil Surgeon, Govt. Civil Hospital, Tandur. It is further submitted that, in the year 1981, a charge memo was issued to the petitioner alleging that the petitioner was unauthorisedly absent, to which a suitable reply was given and thereafter, no action was taken. Surprisingly, again on 24.11.1993 vide Rc.No.4166-E38-RDH-83, a fresh charge memo was issued stating that, "In the first instance you were absent from duty without obtaining any prior permission on prior intimation of leave from the competent Authority from 16.04.1981 to 30.06.1982”.

4. Learned counsel for the petitioner further submitted that the petitioner approached this Court for his pension in the year 2018, but till today, the respondent authorities are not finalizing the departmental proceedings/ any charges which are pending against the petitioner from 1982.

5. Learned Assistant Government Pleader for Services-II has submitted written instructions of the 2^nd respondent and the relevant Para of the said instructions is as follows:

“In view of the above, the department humbly seeks the indulgence of this Hon'ble Court to permit the department to pass appropriate orders, either regularising the absence based on available evidence, or to grant eligible pensionary benefits on a pro-rata or notional basis, as may be deemed appropriate by addressing the facts to the government.”

6. In view of the above submissions of both the parties, this writ petition is disposed of directing the respondent authorities to conclude all the departmental proceedings/any charges initiated against the petitioner within the available records and pass appropriate orders with regard to the eligibility pension of the petitioner, in accordance with law, within a period of four (04) weeks from the date of receipt of a copy of this order. No order as to costs.

As a sequel, miscellaneous applications pending, if any, in this Writ Petition, shall stand closed.

_____________________________________ NAMAVARAPU RAJESHWAR RAO, J Date: 07.08.2025 TU