P. Krishna , v. State Of Telangana,
[ 3413 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY ,THE FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HONOURABLE SRI JUSTICE LAXMI NARAYANA ALISHETTY WRIT PETITION NO: 37037 OF 2017 Between:
P. Krishna , S/o" Late P. Bakkiah, aged about 7'l years, Occ Deputy Range Officer (Retired), 0/o the then Divisional Forest Officer, Kagaznagar Division, Sirpur Kagaznagar - 504 296, Adilabad Circle, R/O H. No. 1-3-124lA, Shastri Nagar, Nirmal - 504 106, Adilabad District (T.S.). ...'ET,T'ONER AND
1. State of Telangana, Represented by its Principal Secretary to Govt., Environment, Forests, Science and Technology Department, Telangana Secretariat, Hyderabad - 500 022.
2. The Principal Chief Conservator of Forests, Head of Forest Force), Telangana, 'Aranya Bhavan, Saifabad, Hyderabad - 500 004.
3. The Chief Conservator of Forests/Conservator of Forests, Adilabad Circle, Adilabad-S04 001 (T S )
4. The District Forest Officer, Adilabad District, Adilabad - 504 001 (T.S.).
5. The Forest Divisional Officer, Adilabad Division, Adilabad - 504 001 (T.S.).
6. The District Forest Officer, Komarambheem District, Headquarters Asifabad - 504 293 (T.S ).
7. The Forest Divisional Officer,Division , Kagaznagar Kagaznagar - 504 296 (T S ) ...RESP.NDENTS Petition under Article 226 of \he Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring that the order passed by the 1st respondent in G.O. Ms.92 dated 21-082008 imposing the punishment of withholding 100% pension permanently and stoppage of gratuity in full besides recovery of Rs. 1,70,046/- (i.e., Rs. 78,755 + Rs. 91.291) with 10% interest per annum, is contrary to the evidence on record and against the principles of natural justice. Similarly, the order dated 01-05-2015 passed by the Honble Tribunal in O.A. No. 56112010 modifying the punishment to that of 50% cut in pension for a
period of five years and release Gratuity by withholding an amount of Rs. 1,70,0461- is unfair and unjuit to the extent of release of Gratuity by withholding an amount of Rs. 1,70,046/-, hence is liable to be declared as against principles of natural justice. Consequently set aside the G.O. Ms.92 EFSandT (For.lv) Department, dated 21-08-2008, restore the full pension to petitioner and also to refund the amount of Rs. '1 ,70,046/- already withhold/recovered from petitioners Gratuity l.A. NO: 1 OF 2017twPMP. NO: 45995 OF 20171 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pteased to pass interim orders directing the respondents to refund the amount of Rs. '1,7 0,046 I - already with hold/recovered from the Petitioner's Gratu ity Counsel for the Petitioner: SRt. SYED MUSHTAe AHMED Counsel for the Respondents: GP FOR SERVICES I The Court made the following: ORDER
THE HON'BLE SRI JUSTICEABHINAND KUMAR SIIAVILT ANI) THE HON'BLE SRI JUSTICE LAXMI NARAYANAALISHETTYWRIT PETITION No.37037 OF 2017 -- ORDER: (Per Hon'ble Sri Justice Abhinand Kumar Shavili) When the matter was listed on 12.06.2024, none appeared for the petitioner. Therefore, this Court directed to list the matter on 10.01 .2024 under the caption 'for dismissal'. Today also, none appeared for the petitioner, despite listing the matter under the caption 'for dismissal'. In view of the same, this Court has no other option except to dismiss the Writ Petition for default or non-prosecution. 2.
Accordingly, the Writ Petition is dismissed for default. There shall be no order as to costs.
Miscellaneous Applications, if any, pending in this Writ Petition, shall stand closed.
SD/. L. LAKSHMI BABU ASSISTANT$9EISTRAR seo(oN oFFlcER //TRUE COPY// To, $%1'f i':"'"'e':1"#31r"'ng'n""'
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\ \ HIGH COURT DATED:01 11012024 rHE S 14
ORDER
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t WP.No.37037 of 2017 DISMISSING THE WRIT PETITION FOR DEFAULT WITHOUT COSTS Cgcq;q 6o 6tre