IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 15595 of 2008 Between: M. Ganapathi Rao, retd., Medical Officer, R/o Khammam, Khammam District. ..... PETITIONER AND 1 The Director Of health, Andhra Pradesh Hyderabad. 2 The District Medical and Health Officer, Warangal, Warangal District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ, order or direction particularly one in the nature of Writ of Certiorari calling for levels pending to OA NO. 5908/2007 with VMA No. 28/07 dated 10-3- 2008 of Hon'ble A.P. Administrative Tribunal and quash the same and further declare that the action of the respondents in not paying full pensionary benefits to the petitioner is illegal, arbitrary and discriminatory and it is therefore violative of Article 14, 16 & 21 of Constitution of India and further declare that petitioner is entitled to be paid rest of 1/4th pension from 1999 onwards and also entitled for release of annual grade increments from 1996 onwards and also entitled to get his pension fixation as per Revised pay Scales 1998 etc., and pass such order or orders as this Hon'ble Court may deemed fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.M.SURENDER RAO Counsel for the Respondents: GP FOR SERVICES I The Court made the following : ORDER: (per GM,J) This Writ Petition is filed questioning the order, dated 10.03.2008, passed in O.A.No.5908 of 2007 with V.M.A.No.28 of 2007 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad, and to quash the same as arbitrary and illegal. The case of the petitioner succinctly is that, while he was working as Medical Officer at Primary Health Centre, Balapala, Warangal District, a charge memo was issued framing certain charges, on 02.01.1990, alleging that he had committed certain irregularities. The petitioner submitted his explanation to the charge memo. An Enquiry Officer was appointed, and the matter still is pending. It is stated that he retired from service on 30.01.1999. As the enquiry proceedings were not concluded as yet, he was paid only provisional pension. Further in pursuant to the proceedings, dated 30.11.1999, issued by the Accountant General, A.P., Hyderabad, the pensionary benefits of the petitioner were withheld. Challenging the same, the petitioner filed O.A.No.562 of 2000 before the Andhra Pradesh Administrative Tribunal, Hyderabad, and considering all the aspects, the said O.A. was finally disposed of through order, dated 19.09.2003. The relevant portion of the order reads as under: “As the charges are pending against the applicant for the last 12 years and as the statement of the applicant that the records were not made available to him was not countered by the District Medical and Health Officer, the Government are directed to finalize the disciplinary proceedings against the applicant within two months from the date of receipt of a copy of this order, failing which pensionary benefits should be released to the applicant duly adjusting the provisional pension already paid to him along with 9% interest on retrial benefits.” To implement the said order, the petitioner filed M.A.No.829 of 2005 in O.A.No.562 of 2000 and the said M.A. was disposed of on 26.04.2007, as under: “In this case, the applicant seeks for implementation of the orders of this Tribunal, granted in O.A.No.562 of 2000, dated 19.09.2003. The learned Government Pleader, obtained instructions, and submits that the applicant has been paid all the retrial benefits in accordance with the orders passed by this Tribunal in O.A.No.562 of 2000, dated 19.09.2003. In the view of the same, no further orders are necessary in M.A., and it is closed. However, this order, does not preclude the respondents to pass final orders in disciplinary case, against the applicant.” The respondents neither passed any final orders on the disciplinary proceedings initiated against the petitioner, nor released the pension and other retirement benefits to him. Therefore, the petitioner filed O.A.No.5908 of 2007 seeking a direction to the respondents to release 3/4th of pension from 1999 onwards in terms of the Revised Pay Scales, 1998 and further to declare that he is entitled for release of his remaining pensionary benefits. In the counter-affidavit filed by the respondents, in the O.A., it is stated that in view of the pendency of disciplinary proceedings, the petitioner is being paid only provisional pension from the date of his retirement, in pursuance of the directions issued by the Tribunal in O.A.No.562 of 2000, dated 19.09.2003. It is further averred that 75% of the pension is being paid and that only 1/4th of the pension was stopped, in view of the disciplinary proceedings and that the same cannot be released till finalization of the disciplinary proceedings. While taking all these aspects into consideration, the Tribunal through order, dated 10.03.2008, held that the action of the respondents in withholding 1/4th pension is in accordance with the rules and accordingly dismissed the O.A. Aggrieved thereby, the present Writ Petition is filed. Learned counsel for the petitioner mainly contended that the charge memo was issued way back on 02.01.1990 and the petitioner retired from service on 31.01.1999 and even after a lapse of 18 years, the respondents have not concluded the disciplinary proceedings. Therefore, he prays that a direction be issued to the respondents to conclude the disciplinary proceedings forthwith and to release the remaining 1/4th of pension and other pensionary benefits. The learned Government Pleader for Services-I, on the other hand, contended that when the respondents issued show cause notice on 04.02.2006, basing on the Enquiry Officer’s report, in compliance with the directions issued by the Tribunal in M.A.No.829 of 2005 in O.A.No.562 of 2000, the action of the respondents in withholding the 1/4th pension in accordance with the rules, cannot be found fault with. A perusal of the record discloses that, though the respondents issued show cause notice on 04.02.2006, in compliance with the directions issued by the Tribunal, they did not pass any final orders on the disciplinary proceedings, which were initiated against the petitioner way back in the year 1990. The petitioner retired from service on 31.01.1999, and the disciplinary proceedings cannot be kept pending indefinitely. In that view of the matter, we deem it appropriate to direct the respondents to pass appropriate final orders on the disciplinary proceedings initiated against the petitioner within a period of four weeks from the date of receipt of a copy of this order, failing which, the matter will be viewed seriously. The Writ Petition is accordingly disposed of. There shall be no order as to costs. ______________________ GHULAM MOHAMMED,J. Dated:04.08.2008 ______________ C.V.RAMULU,J. GJ