THE HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.7717 OF 2023

ORDER:

Heard Sri K.Anantha 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 the Court seeking prayer as under:

“…to issue a writ, order or direction more in the nature of Writ of Mandamus, directing the respondents 3 & 4 to revise the pay and allowances of the petitioner by giving the benefit of pay revision declared by the government in 2015 and by regularizing the period of the suspension from 22-06-2013 to 31-01-2015 and releasing the increments that had fallen due during the suspension period and consequently revise the pension and pensionary benefits there on, and grant interest on the delayed payment of pension and pensionary benefits for no fault of the petitioner @ 12 % per Annum and all other arrears on the same by declaring the action of the respondents in not doing so as illegal and discriminatory and untenable in law and as such pass…”

3. The case of the petitioner, in brief, as per the averments made in the affidavit filed by the petitioner in support of the present Writ Petition is as under:

i) The petitioner was appointed as a Typist on 27.11.1978 in the office of the Superintending Engineer, NSC Circle, Kallur, subsequently promoted as Senior Assistant in 1998 and as Office Superintendent in October 2011, and retired on 31.01.2015 with blemish-less service.

ii) While exposing fraudulent salary bills by a colleague, the petitioner was wrongly implicated as accused in FIR No.261 of

2013, and charge sheet is not yet filed by the CBCID.

iii) The pension of the petitioner was initially withheld but released pursuant to order dated 26.08.2019 passed in W.P. No.12589 of 2019. However, the benefit of 2015 pay revision, regularization of suspension period, and increments due have not been extended. Aggrieved by the same, the petitioner approached the Court by filing the present writ petition.

4. Learned counsel appearing on behalf of the petitioner submits that in spite of several representations addressed to respondent No.4 seeking revision of the petitioner’s pay and allowances by extending the benefit of the 2015 pay revision, and for regularization of the suspension period from 22.06.2013 to 31.01.2015, and for release of the increments that had fallen due during the suspension period, revision of pension and pensionary benefits accordingly, and grant of interest on the delayed payment of pensionary benefits, no action had been initiated by the respondents till as on date. It is further the case of the petitioner that though the petitioner’s representation dated 02.02.2019 was duly acknowledged by the office of respondent No.4 in February 2019, yet no orders had been passed as on date duly considering the same.

5. Learned counsel appearing on behalf of the petitioner submits that the writ petition may be disposed of directing respondent No.4 to consider the grievance of the petitioner, as put forth in the representation of the petitioner, dated 02.02.2019, in accordance to law, within a reasonable period.

6. Learned Assistant Government Pleader appearing for the on behalf of the respondents does not dispute the said submission made by the learned counsel appearing on behalf of the petitioner.

7. TAKI NG I NTO CONSI DERATI ON:

a) The aforesaid facts and circumstances of the case, b) The submissions made by the learned counsel appearing on behalf of the petitioner and the learned Assistant Government Pleader for Services-I I appearing on behalf of the respondents, c) The contents of the petitioner’s representation dated

02.02.2019 addressed to the respondent No.4 herein, d) The fact that no orders had been passed on the petitioner’s representation dated 02.02.2019 addressed to the respondent No.4 herein though the same was acknowledged by respondent No.4 in February 2019, The writ petition is disposed of directing the