E. Jaganath Jee v. The State Of Telangana

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE SRI JUSTI CE M.GANGA RAO WRI T APPEAL NO.1082 OF 2018 JUDGMENT: (per SK,J) The appellant is the petitioner in W.P.No.22270 of 2018. He is aggrieved by the denial of interim relief therein by the learned single Judge. The issue relates to stoppage of the pension which was earlier sanctioned to the appellant-petitioner by the office of the Accountant General (A&E), Andhra Pradesh and Telangana, Hyderabad, vide proceedings dated 26.09.2016. This stoppage was effected by the office of the Accountant General vide communication dated 10.05.2018. Therein, the Accounts Officer in the office of the Accountant General noted that the pension had been sanctioned to the appellant-petitioner inadvertently by applying to him the provisions of G.O.Ms.No.388 dated 20.11.2014 issued by the State of Andhra Pradesh which would have no application in the State of Telangana, where the appellant-petitioner is worked. It is on this basis that his pension was stopped.

Perusal of the Office Authorisation dated 26.09.2016 issued by the office of the Accountant General (A&E), Andhra Pradesh and Telangana, Hyderabad, demonstrates that the rules which were applied while sanctioning such pension to the appellant-petitioner were the Revised Pension Rules, 1980, read with G.O.Ms.No.388 dated 20.11.2014. Sri M.Damodar Reddy, learned counsel for the appellant-petitioner, does not dispute that G.O.Ms.No.388 dated 20.11.2014 has no application in the State of Telangana.

That being so, we find no grounds to interfere with the order passed by the learned Judge holding to this effect and denying interim

relief to the appellant-petitioner in relation to continued payment of pension.

The writ appeal is devoid of merit and is accordingly dismissed. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

_______________ SANJAY KUMAR,J ______________ M.GANGA RAO,J Date:30.08.2018 PGS/GJ