IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE NINTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No : 14101 of 2008 Between: S.V.Krishna Reddy S/o. Koti Reddy Guntur District. R/o. NGOs Colony, 1st Lane Narasaraopet, Guntur District. ..... PETITIONER AND 1 The Govt. of A.P., Rep. by its Prl. Secretary, Higher Education Department, Secretariat, Hyderabad-22. 2 The Commissioner of Collegiate Education, Government of A.P., Nampally, Hyderabad. 3 The Regional Joint Director fo Collegiate Education, Guntur, guntur district. 4 The Secretary & Correspondent, S.V.R.B.R.College, Narasaraopet, Guntur District. 5 The Principal S.V.R.B.R.College, Narasaraopet, Guntur 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 an appropriate writ order or direction more particularly one in the nature of Writ of Mandamus U/s.226 of the Constitution of India, directing the respondents to submit the pension Papers of the Petitioner in view of retirement as a Junior Assistant on 28.02.2007 and to further direct the respondents to pay the pensionary benefits to the Petitioner in current scales with pay Fixation in all pay scales along with automatic advancement scheme etc. Counsel for the Petitioner: MR.SADURAJESWARA REDDY Counsel for the Respondents: GP FOR HIGHER EDUCATION The Court made the following ORDER: The petitioner was employed as Junior Assistant in S.K.R.B.R. College, Narsaraopet, Guntur District, the fourth respondent herein. He retired from service on 28.02.2007 on attaining the age of superannuation. His grievance is that the respondents have not forwarded or processed his pension papers and seeks appropriate directions in this regard. Respondents 1 to 3 on the one hand and respondents 4 and 5 on the other filed separate counter-affidavits. It is stated that the petitioner was dismissed from service on disciplinary grounds, vide proceedings, dated 21.06.2007, issued by the fourth respondent and, in fact, the petitioner had preferred an appeal to the first respondent on 03.08.2007. Heard the learned counsel for the petitioner, the learned Government Pleader for Higher Education and the learned counsel for respondents 4 and 5. The question of processing the pension papers of an employee on retirement would arise, if only his retirement is not preceded or succeeded by any orders of punishment. In the instant case, the fourth respondent passed an order, dated 21.06.2007, dismissing the petitioner from service. A mention is made to the effect that the petitioner was permitted to retire on 28.02.2007. The petitioner had availed the remedy of appeal against the order of dismissal. Therefore, the question of directing the respondents to process the pension papers does not arise. Such an eventuality would arise, if only, the order of dismissal is set aside. Hence, the writ petition is dismissed. It is, however, directed that the first respondent shall dispose of the appeal presented by the petitioner, within a period of three months from the date of receipt of a copy of this order. There shall be no order as to costs. __________________ L.NARASIMHA REDDY,J Dt:19.08.2008 kdl