KALKI JANARDHANA REDDY Vs. STATE OF A. P.

JUDGEMENT

(1.) This petition is filed under Article 226 of the Constitution of India, seeking the following relief:-

(2.) The petitioner was allowed to retire from service on 31.05.2018 in the category of Sub-Inspector of Police, during pendency of ACB Case. ACB registered a Trap Case against the petitioner filed charge sheet, which is registered as C.C.No.39 of 2015 and it is pending as on today without any progress. The Government issued specific instructions for sanction of retirement benefits to the Government servants vide G.O.Rt.No.1097, dated 22.06.2000. The Division Bench of this Court considered the said G.O and held that in the absence of any recoverable charges, encashment of Earned Leave amount has to be released. Basing on the order passed by the Division Bench of this Court in W.P.No.2545 of 2020 the petitioner sought for release of encashment of Earned Leave amount along with payment of 80% of retirement Gratuity, pending ACB case and requested to issue a direction to the respondents accordingly, while contending that withholding of 80% of retirement Gratuity on account of pendency of ACB Trap Case, is illegal, arbitrary and contrary to proviso(2) of Rule 52(c) of Revised Pension Rules, 1980 and requested to issue a direction to the respondents as stated supra.

(3.) During hearing, Sri Ramalingeswara Rao Kocherlakota, learned counsel for the petitioner, while drawing the attention of this Court to G.O.Rt.No.1097, dated 22.06.2000 which permits the petitioner to get encashment of Earned Leave amount and also to get 80% retirement Gratuity. He has also drawn the attention of this Court to the Order passed by the Division Bench of this Court in W.P.No.30443 of 2016, dated 14.02.2017 and also to the Orders passed by the Single Judge of this Court in W.P.No.2545 of 2020, dated 24.02.2020, which is followed by the judgment of the Division Bench, wherein it is directed to the respondents therein to release encashment of Earned Leave and also to pay 80% of retirement Gratuity to the petitioner therein and requested to issue appropriate direction to the respondents to release encashment of Earned Leave amount along with payment of 80% of retirement Gratuity to the petitioner herein strictly adhering to 2nd Proviso of Rule 52(c) of Revised Pension Rules, 1980, judgments and G.O referred above.