G P Sharma v. Excecutive Officer

THE HON'BLE SRI JUSTICE A.V.SESHA SAI W.P.No.44341 of 2017 ORDER:

Heard the learned counsel for the petitioner, learned Government Pleader for Endowments, (Andhra Pradesh) for respondent No.3, and Sri A.K. Jayaprakash Rao, learned Standing Counsel for respondents 1 and 2.

According to the petitioner, the petitioner herein earlier filed Writ Petition No.22529 of 2016 for the following relief : "To issue a Writ, Order or direction, more particularly one in the nature of Writ of Certiorari, calling for the records relating to issuance of the impugned proceedings Roc.No.DP-1/2497/ HDPP/2004, dated 12.5.2016 from the file of the 1st respondent, and after perusing the same, quash the impugned proceedings dated 12.5.2016, by declaring it as arbitrary, discriminatory, violative of principles of natural justice and contrary to law and consequently to direct the respondents to sanction pension, gratuity and other Pensionary benefits to the petitioner from the date of his retirement from TTDs service, in the light of the orders issued by the 1st respondent vide proceedings Roc.No.DP1/2497/DPP/2004, dated 27.10.2005, without insisting approval by the Government, and

with all other consequential benefits monetary or otherwise".

Petitioner herein also filed WPMP No.27707 of 2016 for an interim direction to the respondents to consider sanction of pension and other pensionary benefits to the petitioner in the light of the proceedings Roc.No.DP-1/2497/DPP/2004, dated 27.10.2005, by suspending the impugned proceedings Roc.No.DP1/2497/HDPP/2004, dated 12.5.2016. In the said WPMP No.27707 of 2016, this Court granted interim direction as prayed for.

In pursuance of the above orders, the first respondent addressed a letter bearing Roc.No.DP1/2497/HDPP/2004, dated 13.02.2017 to the State Government requesting to take further action. According to the learned counsel for the petitioner, the said proposals sent by the first respondent are pending consideration before the State Government, but no orders are passed so far.

It is requested by learned counsel for the petitioner that respondent No.3-State Government may be directed to take appropriate action pursuant to the said letter dated 13.2.2017 of the first respondent.

This Court considers the said request as genuine.

Having regard to the facts and circumstances of the case and for the aforesaid reasons, the writ petition is disposed of directing the respondent No.3-State Government to pass appropriate orders pursuant to the letter bearing No. DP1/2497/HDPP/2004, dated 13.2.2017 of the Executive Officer, Tirumala Tirupathi Devasthanams, Tirupati, within a period of two months from the date of receipt of a copy of this order, strictly in accordance with law. No order as to costs. Consequently, misllaneous petitions pending, if any, shall stand closed.

_________________________ JUSTICE A.V.SESHA SAI Date 27.12.2017 slk