MOHAMMAD TAHSEEN Vs. GOVT OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is directed against the orders dated 4-5-1998 passed by the Andhra Pradesh Administrative Tribunal in OA No.5144 of 1997.

(2.) The petitioner filed the said OA before the Tribunal complaining against the release of only 75% of pension to him on his retirement on superannuation. By subsequent amendment in the OA, a prayer was included to set aside the orders of the Government in Memo No.1000/SC-Al/ 96-1, dated 2-8-1997 as being illegal and without jurisdiction, whereunder a departmental enquiry was initiated against the petitioner on certain alleged misconduct.

(3.) The case of the petitioner is that he worked as an Additional Superintendent of Police, Hyderabad in the Office of the Commissioner of Police, Hyderabad, and retired on 31-10-1996 on attaining the age of superannuation. As per the procedure prevailing, the petitioner's pension papers were forwarded to the Accountant General. The third respondent-the Commissioner of Police, Hyderabad permitted the petitioner to retire with effect from 31-10-1996 vide his proceedings dated 18-10-1996. The second respondent-the Director General and Inspector General of Police, Andhra Pradesh through his letter No. 11/499/96, dated 1-2-1997 released pension to the petitioner to the extent of 75% only withholding the balance of pension, and pensionary benefits like gratuity, commutation of pension and encashment of earned leave on the ground that disciplinary enquiry was pending against him. The case of the petitioner is that no enquiry was contemplated or pending as on the date of retirement and, as such sanctioning of 75% pension only and withholding of other pensionary benefits is violative of relevant rules.