THE HON’BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No.27984 OF 2024 AND CONTEMPT CASE No.2720 OF 2024

COMMON ORDER:

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

“…to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the petitioner is entitled for (i) Treatment of suspension period from 09.07.2007 to 30.07.2009 as “on duty” for all purposes. (ii) Treatment of out of employment period from 12.05.2011 to 31.01.2020 as “continuity in service” for all purposes and payment of pay and allowances upto 31.01.2020. (iii) Pay protection and pay fixations in the Revised Pay Scales, grant of annual grade increments the date of my attaining age of superannuation on 31-01-2020 (iv) Restoration of seniority and promotion as Senior Assistant on par with my immediate junior Sri K.C.Prashanth Kumar w.e.f. 14-12-2007 (v) Sanction of pensionary benefits and retiral benefits based on pay fixed as on 31.01.2020, the date of my superannuation and (vi) Sanction of Special Grade Scale in the Category of Junior Assistant from 1991 to 1999 and in the category of Senior Assistant from 2013 to 2019 by holding the action of the respondents in not sanctioning the aforementioned benefits i.e., (i) to (vi) pursuant to his acquitted in Criminal Appeal No 379 of 2011, dated 02.07.2024 by the Hon’ble High Court Telangana at Hyderabad with all consequential benefits as being arbitrary, illegal, unjust, discriminatory and in violation of Articles 14 and 16 of The Constitution of India and consequentially set aside the proceedings No. E/1750/2007 dated 12-05-2011 of the District Registrar, Nalgonda and pass…”

2. In the present Writ Petition, this Court while ordering Notice before Admission on 04.10.2024 granted the following interim order:

“Learned Government Pleader takes notice on behalf of respondents and seeks time to file counter.

Pending disposal of the Writ Petition, the respondents are directed to sanction provisional pension to the petitioner in terms of G.O.Rt.No.1097, Fin. (FW:Pen-I) Department dated

22.06.2000”

3. According to the petitioner, the respondents did not comply with the interim order of this Court. Therefore, the petitioner filed Contempt Case No.2720 of 2024 for violation of the Court’s order dated 04.10.2024.

4. Therefore, both the Contempt Case and the Writ Petition are taken up for disposal.

5. Heard Sri A.Rama Rao, learned counsel for the petitioner and the learned Government Pleader for Services-I for respondent Nos.1 to 5. Perused the material available on record.

6. Learned counsel for the petitioner submits that the petitioner was initially appointed as Junior Assistant on 10.12.1991 and while he was working at Sub-Registrar’s Office, Ramannapet, he was placed under suspension vide proceedings dated 09.07.2007, consequent to registration of a case in Crime No.13/ACB-HR/2007 against him on the file of Anti-Corruption Bureau, Hyderabad Range. However, the suspension order of the petitioner was revoked by respondent No.4 vide proceedings dated 30.07.2009 and accordingly, the petitioner rejoined duty on 31.07.2009. After investigation, charge sheet was filed before the learned I Additional Special Judge for SPE and ACB Cases, City Civil Court, Hyderabad vide C.C.No.29 of 2008 and vide order dated 23.03.2011, the petitioner was found guilty and convicted for the offences alleged against him. Consequently, the petitioner was dismissed from service without any enquiry, by proceedings dated 12.05.2011. Aggrieved by the same, the petitioner filed Crl.A.No.379 of 2011 before this Court and by order dated 02.07.2024, the same was allowed and the conviction order dated 23.03.2011 was set aside. Further, during the pendency of the aforesaid Criminal Appeal, the petitioner attained age of superannuation on completion of 58 years as of 31.01.2020. It is further submitted that the petitioner was neither employed nor engaged in any gainful business or v