M.SHANKARA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

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

(2.) The brief case of the petitioner he was joined as Junior Assistant in Revenue Department on 29/7/1980 and on promotions he was promoted as Tahsildar on 7/8/2008 and he was allowed to retire from service on 30/6/2017 on attaining the age of superannuation, in the category of Gazetted Superintendent, Office of Collectorate, Srikakulam. Consequent on his retirement, the 2nd respondent sanctioned the petitioner Provisional Pension by duly invoking Rule 52(1)(a)(b) of A.P.Revised Pension Rules, 1980 read with G.O.Ms.No.360, dtd. 31/5/2001 on the ground that as per the report of the District Collector, Srikakulam, dtd. 15/11/2018, two disciplinary cases are pending against the petitioner. During pendency of above cases, the petitioner is entitled to claim 80% of his Retirement Gratuity in terms of the following Rule 52 of A.P.Revised Pension Rules, 1980 and G.O.Rt.No.1097, dtd. 22/6/2000, but the respondents did not consider the request of the petitioner inspite of several representations. Hence the present writ petition came to be filed and requested to allow the same.

(3.) Heard Mr. Ramalingeswara Rao Kocherla Kota, learned counsel for the petitioner and learned Assistant Government Pleader, Services-I for the respondents.