THE HON'BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON'BLE SRI JUSTICE K.G. SHANKAR WRIT PETITION No : 1025 of 2011 O R D E R: (per Hon'ble Sri Justice Ghulam Mohammed) The petitioner was kept under suspension from 06.03.1998 to 26.02.2000 on the ground that he was trapped by the ACB authorities for accepting illegal gratification. C.C.No. 9 of 1999 was registered against the petitioner on the file of the II Additional District and Sessions Judge for ACB Cases, Visakhapatnam, which ended in acquittal, by the judgment dated 14.03.2006 and an appeal preferred there against is pending. The writ petitioner retired from service on attaining the age of superannuation on 31.03.2005. He filed O.A.No. 6190 of 2007 before the Andhra Pradesh Administrative Tribunal at Hyderabad seeking a direction to the respondents to regularize the period of suspension from 06.03.1998 to 26.12.2000, to fix his pension in the revised pay scales and to pay other attendant benefits along with interest at 9% per annum. The Tribunal, taking into consideration the judgment rendered by a Division Bench of this Court in Writ Petition No. 27607 of 2009 and batch, allowed the O.A., directing the respondents to pass appropriate orders to treat the period of suspension of the petitioner in accordance with FR 54-B and fix the pay of the petitioner in the revised pay scales 1999 and 2005, and fix the pension of the petitioner, full pension and retirement benefits, which is not paid to him, with interest at 8% per annum from the date of retirement till the date of payment. Heard the learned Government Pleader for Services-II and Sri K.R. Srinivas, learned counsel for the 1st respondent. It is brought to the notice of this Court that the subject matter of this Writ Petition is squarely covered by the judgment rendered by a Division Bench of this Court in Writ Petition No. 27607 of 2009 and batch (The Chief Commissioner of Land Administration v. R.S. Ramakrishna Rao), wherein it has been held that the pendency of the criminal appeal or revision is not a continuation of the criminal proceedings so as to deprive the full pension and other benefits and directed the respondents therein to treat the period of suspension in accordance with FR 54-B. It further directed that after the orders of acquittal are passed by the criminal Court, there is no power for the government to withhold pension or retirement benefits and directed the government to pay the retirement benefits with interest at 8% per annum. Therefore, we are of the opinion that the Tribunal, following the judgment of the Division Bench of this Court, rightly passed the order referred to supra, In that view of the matter, the Writ Petition fails and is accordingly dismissed. No costs. ---------------------------- (GHULAM MOHAMMED,J) ---------------------- (K.G. SHANKAR, J) 28th January 2011 ksld