IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 11537 of 2000 Between: T.Satyavathi, W/o. Viswanatham, N.S.P.Camp, Khammam, Khammam District ..... PETITIONER AND 1 District Educational Officer, Khammam, Khammam District. Andhra Pradesh 2 ST.John Upper Primary School, Mamillagudem, Khammam District. Andhra Pradesh .....RESPONDENT(S) 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 to issue an appropriate Writ, or order or direction, more particularly in the nature of Writ of Mandamus, declaring the in action of respondents in releasing the payment of salary due to the Petitioner,i.e. from 1-3-1987 to 28-2-1994 and other retirement beneﬁts for which the Petitioner is entitled, as arbitrary, illegal, unjust and issue a consequential direction to the respondents to forthwith release the salary due to the petitioner i.e. from 1.3.1987 to 28-2-1994 and other retirement beneﬁts, and pass such other order or orders as this Honourable court may deem ﬁt and proper in the circumstances of the case. Counsel for the Petitioner:MR.B.VISWANATHA REDDY Counsel for the Respondent No.: GP FOR EDUCATION The Court made the following : THE HON’BLE SRI JUSTICE G.CHANDRAIAH W.P.NO.11537 OF 2000 ORDER: The writ petition is ﬁled questioning the action of the respondents in not releasing the payment of salary due to the petitioner i.e., from 1.3.1987 to 28.2.1994 and other retirement beneﬁts for which the petitioner is entitled. Heard the learned counsel for the petitioner and the learned Government Pleader for Education. The petitioner was joined as S.G.B.Teacher in the 2nd respondent school in the year 1985. The petitioner was paid salary up to February, 1987. She was retired from service on 28.2.1994. The reason for non-payment of the salary, according to the petitioner, was that the ﬁrst respondent on 16.11.1994 made a complaint against the petitioner alleging that the petitioner has produced a forged document i.e., date of birth certiﬁcate to increase her superannuation to get the beneﬁts from the Government by furnishing false information by using it as true certiﬁcate which has been occurred prior to 13.10.1994. For the said alleged oﬀence crime was registered against the petitioner in Crime No.176 of 1994 under Sections 420, 471, 468, 167, 177 and 198 I.P.C. After elaborate trial, the petitioner was acquitted for the said oﬀences. Thereafter, the petitioner started making representations for payment of salary for the said period from 1.3.1987 to 28.2.1994. But the respondents have not taken any steps to release the salary of the petitioner for the said period and other retirement benefits due to the petitioner. The learned counsel for the petitioner submits that a false case was registered against the petitioner which was ended in acquittal and the order of the criminal court has become ﬁnal and no further departmental action has been initiated against the petitioner. Therefore, the non-payment of salary to the petitioner for the relevant period is illegal and arbitrary and the petitioner is entitled for the salary. It is also stated that the petitioner made several representations to the ﬁrst respondent. But the respondents have not taken any steps to release the salary of the petitioner and settle the retirement beneﬁts. Therefore, she constrained to file the present writ petition. On behalf of the respondents, counter affidavit has been ﬁled by the ﬁrst respondent wherein it is stated that a criminal case No.176 of 1994 was registered against the individual for tampering with the date of birth as 25.2.1936 instead of 25.2.1934 in the original certiﬁcate of VIII standard and T.S.L.C for getting undue beneﬁt of remaining in service for further two years. It is stated that the original certiﬁcates have been sent to the Commissioner for Government Examinations through the Commissioner and Director of School Education in Lr.No.1225/B2-3/90, dated 30.10.1996, for cancellation of the certiﬁcates as per G.O.Ms.No.3083, Education, dated 18.11.1964 and since the original certiﬁcates have not been produced before the Court which were sent to the Commissioner for Government Examinations, the case was disposed of as lack of evidence. It is clear that the criminal case registered against the petitioner has been ended in acquittal and the same has become ﬁnal and there is no averment in the counter aﬃdavit that consequent to the acquittal of the petitioner in the criminal case any departmental action has been initiated against the petitioner. In the absence of which the petitioner cannot be denied the salary for the said period and other retirement beneﬁts for which she is entitled. In the instant case, consequent to the closure of criminal case, the petitioner went on making several representations to the ﬁrst respondent, but no action has been taken. Having regard to the submissions made by the petitioner and having regard to the averments made in the counter aﬃdavit, I am of the view that the criminal case registered against the petitioner is decided in accordance with law and it is clearly stated in the counter aﬃdavit that consequent to the closure of the criminal case no departmental action has been initiated against the petitioner, the petitioner is entitled for salary for the said period and also for the retirement benefits. In the above circumstances, the respondents are directed to consider the request of the petitioner for payment of salary for the period from 1.3.1987 to 28.2.1994 and other retirement beneﬁts and pass appropriate orders within a period of two months from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No order as to costs. __________________ G.CHANDRAIAH, J. 31.7.2008 kpr