THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE K.G.SHANKAR WRIT PETITION No.28198 OF 2011 Dated:18.10.2011 Between: Dr.K.Eswar Goud .. Petitioner And The Principal Secretary to Government, HM & FW Department, Secretariat, Hyderabad and others .. Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE K.G.SHANKAR WRIT PETITION No.28198 OF 2011 ORDER: The petitioner herein filed O.A.No.2894 of 2010 before the Andhra Pradesh Administrative Tribunal seeking a declaration that the action of the respondents in not releasing the pensionary benefits within time as illegal and arbitrary and for a direction to pay interest at 18% per annum on the delayed payment of amounts towards retrial benefits. By impugned order, dated 29.04.2011, the learned Tribunal dismissed the said O.A., aggrieved by which the petitioner is before this Court invoking the jurisdiction under Article 226 of the Constitution of India. At the relevant time, the petitioner was Professor and Head of the Department in Urology in Gandhi Hospital, Secunderabad. There was Anti Corruption Bureau (ACB) trap on 26.03.2002. The petitioner allegedly accepted illegal gratification of Rs.6,000/-. He was, therefore, placed under suspension by the Government. He was paid subsistence allowance from 10.05.2002 till 21.04.2004 when he was reinstated during pendency of departmental proceedings as well as criminal cases. Be that as it is, he retired on 31.01.2005, after attaining the age of superannuation. In the criminal case being C.C.No.29 of 2004, he was acquitted on 27.01.2009. Even before that he was paid the amount towards encashment of Earned Leave in July 2005 itself. The Government then issued orders vide G.O.Ms.No.1210 dated 17.09.2009 dropping all further action. Another order was passed being G.O.Rt.No.83, dated 23.01.2010 under F.R.54 (B) of the Fundamental Rules treating the period of suspension as on duty. Thereafter, his pensionary benefits were settled. He, however, alleges that there was delay on the party of the respondents and therefore he is entitled for interest. The Tribunal referred to G.O.Rt.No.1097 dated 22.06.2000. As per this G.O., directions were issued to release the terminal benefits to those Government servants against whom criminal action or departmental proceedings are pending. These benefits are; i) Family Benefit Fund, ii) Andhra Pradesh Group Insurance Scheme, iii) General Provident Fund, iv) Andhra Pradesh Government Life Insurance and v) Encashment of Earned Leave. There is no dispute that the Government issued orders dropping all further proceedings vide G.O.Rt.No.1210 dated 17.09.2009. Thereafter, all the benefits were released. The Tribunal on consideration of these facts and circumstances found that there was no delay in releasing the amounts towards pensionary benefits. We do not find any strong reason to interfere with the order of the learned Tribunal. The writ petition, for the above reasons, is dismissed. There shall be no order as to costs. ________________ (V.V.S. RAO, J) ____________________ (K.G. SHANKAR, J) 18.10.2011 KH