Kona Rama Krishna vs The State Of Andhra Pradesh on 5 July, 2022
ORDER:
3. The petitioner
submitted a representation to the 2nd respondent, dated 27.09.2020 requesting
to issue suitable directions to the concerned to sanction all terminal benefits
of encashment of Earned Leave, Retirement Gratuity, GPF, APFLI etc., as he is in
facing financial crisis, but till date no orders have been passed. The
Government issued specific instructions for sanction of
retirement 2 benefits to the Government servants vide G.O.Rt.No.1097,
dated 22.06.2000. The Division Bench of this Court considered the said G.O and
held that in the absence of any recoverable charges, encashment of Earned Leave
amount has to be released.
4. Basing on the
order passed by the Division Bench of this Court in W.P.No.2545 of 2020 the
petitioner sought for release of encashment of Earned Leave amount along with
payment of 80% retirement Gratuity, pending ACB case and requested to issue a
direction to the respondents accordingly, while contending that withholding of
80% retirement Gratuity on account of pendency of ACB Trap Case, is illegal,
arbitrary and contrary to proviso(2) of Rule 52(c) of Revised Pension Rules,
1980 and requested to issue a direction to the respondents as stated supra.
5. During hearing,
Sri Ramalingeswara Rao Kocherlakota, learned counsel for the petitioner, while
drawing the attention of this Court to G.O.Rt.No.1097, dated 22.06.2000 which
permits the petitioner to get encashment of Earned Leave amount and also to get
80% retirement Gratuity. He has also drawn the attention of this Court to the
Order passed by the Division Bench of this Court in W.P.No.30443 of 2016, dated
14.02.2017 and also to the Orders passed by the Single Judge of this Court in
W.P.No.2545 of 2020, dated 24.02.2020, which is followed by the judgment of the
Division Bench, wherein it is directed to the respondents therein to release
encashment of Earned Leave and also to pay 80% retirement gratuity to the
petitioner therein and requested to issue appropriate direction to the
respondents to release encashment of Earned Leave amount along with payment of
80% retirement gratuity to the petitioner herein 3 strictly adhering
to 2nd Proviso of Rule 52(c) of Revised Pension Rules, 1980, judgments and G.O
referred above.
6. Whereas,
learned Government Pleader for Services-I mainly contended that while the
criminal cases are pending against him, the petitioner is not entitled to clam
for release of retirement gratuity, while placing reliance on the judgment of
Apex Court in R. Veerabhadram vs. Government of A.P1 and on the strength of the
principal laid down there in the learned Government Pleader for Services-I
requested to reject the request to release of gratuity of 80% while permitting
the petitioner to encash Earned Leave in terms of G.O.Rt.No.1097, dated
22.06.2000.
7. Admittedly, the
petitioner retired from service while working as Divisional manager in A.P
Forest Development Corporation, but during his service a Trap Case was
registered against him, which is registered as FIR No.01/RCA-CIU-ACB/2020, and
no charge sheet is filed till date. Admittedly, there was no progress in the
matter though one and half year period has been elapsed as on date. On account
of pendency of enquiry against the petitioner for the alleged corruption, the
respondents withheld the gratuity payable to the petitioner, so also not
permitted him to encash the Earned Leave amount available to the credit of his
leave account. The facts are not in dispute, but the entitlement of the
petitioner is only in dispute to withdraw the gratuity and encashment of Earned
Leave during pendency of Calendar Case is in controversy.
8. According to
clause (c) of Sub-Rule (1) of Rule 52 of the Andhra Pradesh Revised Pension
Rules, 1980, no gratuity shall be paid until the conclusion of the departmental
or judicial 1 (1999) 9 Supreme Court Cases 43 4 proceedings
and issuance of final orders. Further 2nd proviso to clause (c) of sub-rule (1)
of Rule 52 was introduced by G.O.Ms.No.227, Fin & Plg (FW. Pen-I) Dept.,
dt.10-10-1995 which says that notwithstanding anything contained in clauses (a),
(b) and (c) of sub-rule (1) above, where a conclusion has been reached that a
portion of pension only should be withheld or withdrawn and the retirement
gratuity remains un-effected in the contemplated final orders, the retirement
gratuity can be released upto 80%.
9. Despite the 2nd
proviso added to rule 52(c) of the Pension Rules, 1980 vide G.O.Ms.No.227,
Finance & Planning, dated 10.10.1995 the Supreme Court in Veerabhadram's
case (referred above) held as follows:-
10. 2nd Proviso
was added to Rule 52(c) of the Revised Pension Rules, 1980 in the year 1995
vide G.O.Ms.No.227, dated 10.10.1995. Therefore, the Supreme Court did not
apply the 2nd proviso and concluded that the Government is competent
to 5 withhold the gratuity during pendency of criminal proceedings
against the Government servant though retired from service. But, in the present
case the criminal case is pending from the year 2015 i.e., subsequent to
amendment to Rule 52(c) of AP. Revised Pension Rules, 1980. Therefore, by
virtue of this amendment, the State is under obligation to release 80%
retirement gratuity payable to the retired Government servant as the judgment
of the Apex Court relates to the issue of the year 1988, by then there was no
amendment to Rule 52(c) of A.P. Revised Pension Rules, 1980. Hence, the
principle laid down in the above judgment is based on the Rule existing as on
the date of cause of action.
12. Following the
said G.O, the learned Single Judge of this Court in W.P.No.2545 of 2020, dated
24.02.2020 following the earlier judgment of the Division Bench in W.P.No.30443
of 2016, dated 14.02.2017 ordered for payment of Earned Leave on encashment and
80% retirement gratuity as the employee had retired from service.
13. In Division
Bench judgment, this Court considered the scope of G.O.Rt.No.1097, dated
22.06.2000 and permitted the retired Government servant to withdraw the amount
on encashment of 6 Earned Leave available to the credit of his leave
account along with 80% retirement gratuity.
14. Therefore, following the principle laid down in the above judgment, adhering to Clause 3(B) of G.O.Rt.No.1097, dated 22.06.2000 as well as to the 2nd proviso of Rule 52(c) of A.P. Revised Pension Rules, 1980 the petitioner is permitted to withdraw the amount on encashment of Earned Leave available to his credit along with 80% retirement gratuity and the respondents are directed to release the amount payable on encashment of Earned Leave to the credit of the petitioner's leave account and also pay 80% retirement gratuity, in accordance with law, within four (04) weeks from the date of receipt of a copy of this order.
15. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.
As a sequel,
miscellaneous applications pending, if any, shall also stand closed.
