THE HON’BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION No.9565 OF 2025

ORDER:

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

“… an appropriate Writ, Order or direction, preferably one in the nature of Writ of Mandamus and to declare the in action of the respondents in not passing final orders on representation dated 10-12-2024 which is pending before the 3^rd respondent in respect of not releasing of the retiral benefits, though the 2^nd respondent already passed a final orders in proceedings Roc.No.563837/2023/C2-2, dt.20-11-2024 by imposing a minor punishment of “Reduction to lower stage (Pay by 2 stages) in the time scale of pay without cumulative effect and not adversely effecting in his pension, even then the 3^rd respondent is not releasing left over retiral benefits as mentioned in representation dt.10-12-2024, which is pending before the 3^rd respondent, the petitioner already retired on 31-03-2024, the said action of the respondents is as highly illegal, arbitrary, unreasonable, discriminatory without any application of mind and also in violation of principles of natural justice and also in violation of Art. 14, 16 & 21 of the Constitution of India and further declare the same as bad in law, and consequently direct the 3rd respondent to release the left over retiral benefits as mentioned in representation dt.10-12-2024 and pass final orders on representation dt.10-12-2024 which is pending before the 3^rd respondent and pass such other order or orders …”

2. Heard Sri C.Rajashekar Reddy, learned counsel for the petitioner and learned Government Pleader for Municipal Administration and Urban Development appearing for respondent Nos.1 and 2. Perused the record.

3. The brief facts of the case are that the petitioner was appointed as the Lab Technician Grade-II in Insurance Medical Services, Hyderabad in the year 1991 and he had joined the duty as Lab Technician Grade-II on 18.06.1991 at ESI Dispensary, Patancheru of Medak Distric. Subsequently, the services of the petitioner were regularized in the cadre of Lab Technician w.e.f., 17.07.1997. While the petitioner was working as the Lab Technician Grade-II at ESI Dispensary, Jeedimetla, Hyderabad, he was appointed as EO (Panchayat Secretary) Special Category-V and posted to Grampachayat, Banda Mandharam of Medical Mandal, Ranga Reddy District. While the petitioner was working as the Panchayat Secretary, the Panchayats were merged in Municipalities in the year 2018 and the petitioner was posted as the Manager at Thumkuntta Municipality, Medchal Malkajgiri District. Later, the petitioner was transferred in the G.O.Ms.No.317, GA (SPF) Dept, dated 06.12.2021 and was allotted to the Shamshabad Municipality, Ranga Reddy District in the year 2021 and to Manikonda Municipality on 20.10.2021. Whileso, on certain allegations the petitioner was placed under suspension on 25.04.2023 thereafter pending enquiry the petitioner was given reinstatement orders on 15-03-2024 by giving posting orders at Municipal Commissioner, Ghatkesar Municipality, Ranga Reddy District. He retired on 31.03.2024 on attaining the age of superannuation.

4. Learned counsel for the petitioner submits that an enquiry was conducted with regard to the allegations leveled against the petitioner and a report was submitted on 18.01.2024. Thereafter, the petitioner was called to submit an explanation on 28.03.2024 to the final enquiry report. Upon submitting the same, respondent No.2 passed final orders in Roc.No.563837/2023/C2-2 dated 20.11.2024 by imposing a minor punishment of “Reduction to lower stage (Pay by 2 stages) in the time scale of pay without cumulative effect and not adversely effecting his pension”. Aggrieved by the same, the petitioner made a representation dated 10.12.2024 requesting the respondent authorities to sanction the Annual Grade Increment as on 01.06.2023, Provisional Pension AGI etc. But till date, the said representation is still pendin