D. SUDHEER BABU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ Petition is filed under Article 226 of the Constitution of India for the following relief:-

(2.) The present Writ Petition is filed for non-payment of pensionary benefits to the petitioner on attaining the age of superannuation on the ground that disciplinary cases pending against him, relying on Article 351A of the Pension Code and Rule 9(2)(a) of the Andhra Pradesh Revised Pension Rules, 1980, after retirement of the petitioner.

(3.) The case of the petitioner is that he was appointed as Assistant Executive Engineer on 13/5/1985 in the Panchayat Raj Department, and thereafter, he was promoted to the post of Deputy Executive Engineer on 1/10/1994 and Executive Engineer (In-charge) on 13/4/2010 and regularly promoted in the year 2018 and he was promoted to the post of Superintending Engineer on 22/2/2019 and placed as In-charge Chief Engineer/Joint Secretary on 1/7/2019 and he was finally promoted as CE/JS regularly on 31/8/2019 and worked as such till his retirement on attaining the age of superannuation on 31/8/2020. The Government has issued G.O.Rt.No.762, Panchayat Raj & Rural Development (E.I) Department dtd. 30/12/2019, whereunder the orders were issued regarding retirement of certain Engineers, on attaining the age of superannuation during the year 2020 and the petitioner and others were permitted to retire from service without prejudice to the disciplinary cases pending against them and also subject to the condition that the disciplinary proceedings shall continue against them under Rule 9(2)(a) of the Andhra Pradesh Revised Pension Rules, 1980, after their retirement. Thereafter, the petitioner herein has made a representation dtd. 30/1/2020 to delete the condition in paragraph No.2 of the said G.O. dtd. 30/12/2019. As no orders are passed against the said representation, the present Writ Petition came to be filed seeking a direction to the respondents for release of the pensionary benefits on the ground that no disciplinary proceedings are pending against him on the date of retirement under Rule 9(2)(a) of the Andhra Pradesh Revised Pension Rules, 1980, and he has not committed any irregularity as alleged in the disciplinary proceedings.