LAWS(TLNG)-2023-4-61

M.KUMARA SWAMY Vs. STATE OF TELANGANA

Decided On April 25, 2023
M.Kumara Swamy Appellant
V/S
State of Telangana Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Government Pleader Services II.

(2.) This writ petition is filed to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring entire action of the respondents in not releasing his pension and other retrial benefits, even though he was allowed to retire from service as on 31/7/2014 on the untenable ground that the disciplinary proceedings initiated vide charge memo No.035742/VC.III.V/08-8, dtd. 6/12/2008 for the issue 2002-2003 of the 2nd respondent and not concluding said proceeding inspite of submitting two reports by the enquiry authorities holding that there is no unspent balance amount available with the petitioner as alleged in the charge memo is as highly illegal, arbitrary and the very charge memo dtd. 06/12/2008 is liable to be set aside on the ground of inordinate delay/latches in initiation, as well as in continuation and consequently direct the respondents to forthwith release his pension and other retrial benefits by duly accepting his pension papers, by revising his pay with interest @ 24% p.a. from the date of retirement till actual payment is made if necessary by concluding the pending disciplinary proceedings initiated vide charge memo Rc.No.035742/EC.III/B/08-8, dtd. 06/12/2008 for the issue 2002-2003.

(3.) The case of the petitioners, in brief, is as follows: