HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.40142 of 2022

ORDER:

Heard Sri B. Krishna, learned counsel appearing on behalf of the petitioner and learned Assistant Government Pleader for Services-I appearing on behalf of respondents. 2. The petitioner approached this Court seeking the prayer as under:

“…to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the impugned action of the 1^st respondent in not concluding the departmental enquiry against the petitioner vide Charge Memo in G.O.Rt.No.394, Higher Education (TE.I) Department, dated 04.06.2013 which is issued after his retirement on vague charges as illegal, improper, unjust, arbitrary, contrary to law and also violation of principles of natural justice and set aside or quash the same by further directing the respondents to release all the retiral benefits to the petitioner with interest and to pass such other order…”.

3. During pendency of the present writ petition, the petitioner died on 07.03.2025, the wife of the petitioner filed I .A.No.1 of 2025 to bring her as petitioner’s legal representative in the present writ petition. This Court vide its order dated 22.07.2025 in I .A.No.1 of 2025 brought the wife of the deceased employee G.Yadaiah @ G.Yeshwanth Babu, on record since the petitioner died in harness on 07.03.2025 leaving behind his wife and two children.

4. The case of the petitioner, in brief, is that the petitioner’s husband late G.Yadaiah @ G.Yeshwanth Babu, was appointed as Motor Driving Instructor on the basis of 8^th standard at Sanjay Automobile Academy, Vanasthalipuram, Hyderabad on 18.02.1981. The Government accorded sanction for the establishment of Government Polytechnic at Vanastalipuram in Rangareddy District from the academic year 1984-85 by converting the existing Sanjay Automobile Academy, Vanasthalipuram, Hyderabad and the Government ordered to continue the personnel recruited by the academy who were in service of the academy till 31.07.1984 and were subsequently absorbed in the new polytechnic in suitable corresponding post permanently. Accordingly the petitioner’s husband was absorbed as Driver-cum-Driving Instructor permanently into Government Service.

Further it is the case of the petitioner that at the fag end of petitioner’s husband service an oral allegation was made against the petitioner’s husband stating that he had submitted false H.S.C., certificate to the Department. Thereafter the petitioner’s husband was permitted to retire from service vide Proceedings No.C/1004/2012, dated 31.08.2012 issued by the 3^rd respondent. After the retirement of petitioner’s husband, petitioner had made several representations to the respondents requesting to release the petitioner’s husband terminal benefits and pension, as there was no disciplinary proceedings or written allegations were pending against the petitioner’s husband at the time of retirement. The 2^nd respondent herein had sanctioned GPF and APGLI vide Memo dated 16.02.2013, but not released pension and other terminal benefits. The petitioner’s husband made a representation dated 02.03.2013 and 19.06.2013 to respondent No.1 requesting to release provisional pension, but the respondents did not consider the said representations. Accordingly, the petitioner’s husband was constrained to file O.A.No.5439 of 2013 before the A.P. Administrative Tribunal, Hyderabad and during the pendency of the above O.A., on 31.07.2013 the 3^rd respondent served a copy of G.O.Rt.No.394, Higher Education (TE.I) Department, dated 04.06.2013 issued by the 1^st respondent. Aggrieved by the same the petitioner preferred this writ petition.

5. PERUSED THE RECORD.

The order dated 22.07.2025 passed in I .A.No.1 of

2025 in W.P.No.40142 of 2022, is extracted hereunder:

“Heard Mr.B.Ashok, learned counsel appearing on behalf of the petitioner.

Taking into consideration the submissions made by learned counsel appearing on behalf of the petitioner and duly considering the averm