Mitya China Gopala Krishna, v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND HON'BLE SRI JUSTICE M.S.K.JAISWAL WRIT PETITION No.9298 of 2016 Date:31.3.2016 Between:

Mitya China Gopala Krishna, S/o Late Suryanarayana ....Petitioner And:

The State of A.P., reptd by its Principal Secretary, Revenue (Vigilance-VI) Department, Hyderabad and three others.

.....Respondents Counsel for the petitioner: Mr. P.Lakshmana Rao Counsel for Respondents: GP for Services (AP) The Court made the following:

ORDER: (per Hon'ble Sri Justice C.V.Nagarjuna Reddy) This Writ Petition is filed for a Certiorari to quash order, dated 05.8.2014, in Original Application No.4707 of 2014 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad (for short 'the Tribunal') and to direct the respondents to extend the pensionary benefits to the petitioner.

The petitioner while working as Mandal Revenue Officer was permitted to retire on attaining the age of superannuation pending the ACB case. Subsequently, he was convicted by a competent criminal Court and the said conviction was stated to have attained finality. He has filed O.A.No.4707 of 2014 before the Tribunal with the

plea that as no disciplinary proceedings were initiated and he was permitted to retire, he is entitled to pensionary benefits. By order, dated 05.8.2014, the Tribunal has ordered notice to the respondents returnable in two weeks. Though in the present Writ Petition, the petitioner has sought for setting aside the order of the Tribunal and also for declaration that denial of pensionary benefits to him by respondent Nos.1 to 3 is illegal, in substance, his grievance is that the Tribunal has not been disposing of his case for more than 1 1⁄2 years.

Considering the fact that the petitioner is a senior citizen aged 81 years, we feel that interests of justice would be met if O.A.No.4707 of 2014 is disposed of early. Accordingly, we request the Tribunal to dispose of O.A.No.4707 of 2014 as early as possible and preferably, within three months from the date of receipt of a copy of this order.

The Writ Petition is, accordingly, disposed of. As a sequel to disposal of the Writ Petition, WPMP.No.11783 of 2016 is disposed of as infructuous. ____________________________ JUSTICE C.V.NAGARJUNA REDDY ___________________ JUSTICE M.S.K.JAISWAL 31st March 2016 DR