LAWS(APH)-2014-3-182

GOVERNMENT OF ANDHRA PRADESH Vs. M RAMACHANDRAM

Decided On March 21, 2014
GOVERNMENT OF ANDHRA PRADESH Appellant
V/S
M Ramachandram Respondents

JUDGEMENT

(1.) This Writ Petition is filed by the respondent Nos.1 to 3 in O.A. No.2360 of 2011, which was filed under Section 19 of the Administrative Tribunals Act, 1985, aggrieved of the order dated 31-07-2012, passed therein, by the A.P. Administrative Tribunal, Hyderabad (for short, "the Tribunal").

(2.) In the aforesaid O.A., the 1st respondent, who filed the O.A., sought to set aside the Memos issued in G.O.Rt. No.784, Municipal Administration & Urban Development (E1) Department, dated 20-06-2007, and G.O.Rt. No.794, Municipal Administration & Urban Development (E1) Department, dated 21-06-2007, declaring the same as void, illegal, arbitrary and contrary to Rule 9(2) (b) (ii) of A.P. Revised Pension Rules, 1980 (for short "the Rules 1980") and to pay all the pensionary benefits with interest from the date of retirement till the date of actual payment, is made.

(3.) 1st respondent retired from service on 31-03-2008 as Town Planning Officer (Special Grade). He was initially appointed as Building Inspector, as direct recruitee, on 22-07-1974, and promoted as Town Planning Supervisor and Town Planning Officer (Ordinary Grade), and further promoted as Town Planning Officer (Special Grade) in the years 1983, 1991 and 2000, respectively. He worked as Town Planning Officer (Ordinary Grade) in Warangal Municipal Corporation from 11-05-1998 to 04-07-2000, and on his promotion as Town Planning Officer (Special Grade), he worked in Machilipatnam Municipality from 30-09-2001 to 28-01-2007. It is stated that he went on leave from 23-11-2004 to 13-10-2005. It is stated that when his pensionary benefits were not released, he approached the 2nd petitioner herein, and when requested for release of his pensionary benefits, the 2nd petitioner issued a copy of the letter dated 24-12-2010 intimating that two impugned charge memos were pending against him. He claimed that he has not received any charge memos till 21-11-2011, and when charge memos were served on him on 21-11-2011, other documents relied on for framing the charges against him were not furnished. The said two charge memos framed against him relate to the period from 11-05-1998 to 04-07-2000 when he worked at Warangal, and 30-09-2001 to 28-01-2007 when he worked in Machilipatnam Municipality respectively.