HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.10301 OF 2021

ORDER:

Heard Sri M. Srinivasa Rao, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Services-I I appearing on behalf of the respondent Nos.1, 3 to 5 and Sri K. Balakrishna, learned counsel appearing on behalf of respondent No.2.

2. The petitioner approached this Court seeking the prayer as under:

“…to issue a Writ, Order or Direction especially one in the nature of Writ of Mandamus declaring that a) G.O.Rt.No.416 dated 06.09.2018 issued by the 1^st respondent as illegal and arbitrary and therefore liable to be set aside, b) declare that action of the respondent in not paying the full pension to the petitioner and not releasing the pensionery benefits payable to the petitioner is illegal, arbitrary and discriminatory, violating Art.14, 16, 21 & 300-A of the Constitution of India, c) Further declare that petitioner is entitled to get his pension fixed and entitled for the release of his pensioner benefits, forthwith along with @ 24% interest per annum, and pass such order or orders…”

3. The case of the petitioner in brief is that initially the petitioner joined into service as Attender on 01.04.1982 in District Registrar’s Office, Warangal and then got promoted as Junior Assistant in the year 2012 and thereafter promoted as Senior Assistant during the year 2013. The petitioner retired from the service on 30.06.2014. Though the petitioner retired from service way back in the year 2014, his pension and pensionery benefits have not been released and no charge memo was pending against the petitioner, as on the date of the petitioner’s retirement.

It is further the case of the petitioner that in the said circumstances, the petitioner approached the A.P. Administrative Tribunal and filed O.A.No.7115 of 2015, seeking release of petitioner’s pension and pensionery benefits. The Tribunal disposed of the said O.A., vide order dated 28.01.2016 directing the District Registrar, Warangal to forward the pension papers along with all necessary certificates to the Principal Secretary and further directed the Principal Secretary to pass necessary orders within 6 weeks thereof. Despite the said order, the respondent did not release the pension and pensionery benefits to the petitioner and surprisingly the 1^st respondent issued G.O.Rt.No.416 dated 06.09.2018 framing the following Charge against the petitioner.

ARTI CLE OF CHARGE:

That Sri M. Upender is responsible for missing of permanent volumes (07) i.e., 99(Book-I), 112(Book-1), 569(Book-I), 213(Plan), 517 (Plan) and 1371 while acting as Record Assistant in R.O., Warangal from 0105.2012 to 30.06.2014. Thus, he has violated the C&IG Proceedings No.G1/24170/77, dtd:12.09.1977 and standing order 1117 and therefore has violated Rule 3(1), (2), (3) of Telangana Civil Services (Conduct) Rules, 1964.

Hence, the Charge.

The petitioner submitted his reply on 07.02.2019, to the charge memo issued to the petitioner, but however, the respondents did not release the pensionery benefits to the petitioner. Aggrieved by the same, the petitioner filed the present writ petition.

4. PERUSED THE RECORD:-

(A) The counter affidavit filed on behalf of the 1^st respondent, in particular, the relevant paragraphs are extracted hereunder:

“It is submitted that the petitioner, while discharging his duties as Record Keeper of the office of the District Registrar Warangal violated the orders of the Inspector General of Registration & Stamps AP Hyderabad vide proceedings No.S1/24170/77, dated 12-9-1977 and the standing orders No.1116, 1117, 1132, 1149, 1150 & 1157 caused loss of permanent Book-I Registers and other records.

It is submitted that it can be understood that the petitioner has willfully delayed two months (May & June 2014) in handing over charge of the records till 30-6-2014 the date on which he retired, assuming departmental disciplinary proceedings as well as criminal proceedings. Though he promised to trac