R VEERABHADRAM Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) The appellant, at the material time was holding the post of Deputy Secretary to the Government of Andhra Pradesh. On 20-3-1986, the Anti-Corruption Bureau of the State of Andhra Pradesh registered a case against the appellant under the Prevention of Corruption Act, 1947. On 12-5-1986, the appellant was suspended from service. During the pendency of his suspension on 30-6-1988, the appellant was allowed to retire on attaining the age of superannuation while still under suspension without prejudice to the pending proceedings against the appellant.

(3.) The appellant filed a Petition in the Andhra Pradesh Administrative Tribunal challenging his retirement during suspension. The Tribunal, by its order dated 2-12-1988, held inter alia, that in accordance with Rule 52 of the Andhra Pradesh Revised Pension Rules, 1980, the appellant shall be paid provisional pension but no death-cum-retirement gratuity shall be paid to him till the judicial proceedings are concluded and the final order is passed thereon. This order has become final and binding. Accordingly, on 30-9-89, the Government of Andhra Pradesh issued an order for payment of provisional superannuation pension. The order further stated that orders regarding payment of gratuity would be issued separately.