THE HON'BLE SMT JUSTICE T.MEENA KUMARI WRIT PETITION NO :5477 of 2010 Dated: 22.7.2010 Between: Smt. Shamamma ..... PETITIONER AND 1 The Government of A.P., represented by its Principal Secretary, Education Department, Secretariat, Hyderabad and others. .....RESPONDENTS The Court made the following : THE HON'BLE SMT JUSTICE T.MEENA KUMARI WRIT PETITION NO : 5477 of 2010 ORDER: This writ petition is filed seeking a direction to the respondents to release all the pensionary benefits i.e., pension and gratuity to the petitioner. The brief facts of the case in brief are as follows: The petitioner was appointed as Kitchen Helper on 1.12.1980 without producing any date of birth certificate and subsequently, her date of birth had been entered in the service register as 13.12.1945 as per the medical certificate issued by the Civil Surgeon, Government Hospital, Vikarabad. The petitioner retired from service without any remarks. She submitted her pension papers to the 4th respondent and the same were forwarded to the 2nd respondent, who in turn sanctioned the pension treating the date of retirement of the petitioner on 30.12.2005 subject to the verification by the 3rd respondent. But the 3rd respondent raised objection that the date of birth shown in the service register as 13.12.1945 is incorrect and she had to retire on 30.6.2005 but retired on 31.12.2005 and as such she had done excessive service of six months and that the excess pay and allowances may be recovered. It is the case of the petitioner that the respondents had extracted her services upto 31.12.2005 and permitted her to retire from service on 31.12.2005 and due to administrative lapses, she cannot be found fault. Heard the learned Counsel and perused the material available on record. On 6.4.2010, this Court passed the following order: “Pensionary benefits payable to the petitioner shall be finalized and further steps shall be taken for payment thereof, within a period of two weeks from the date of receipt of a copy of the order, and the proceedings shall be filed by the Counsel for the respondents complying with this order.” A counter-affidavit has been filed on behalf of the respondents on 21.7.2010 stating that the proposals were submitted to the Government vide letter No.9367/A3-2/05-07, dated 16.7.2007, for issuing orders of exemption for recovery of the excess pay and allowances from the petitioner treating it as a Special Case and in the meanwhile, the 3rd respondent informed through his letter dated 31.10.2007 that when the case submitted to the Government for exemption is pending, action may be taken as per Rule 51 of the AP Revised Pension Rules, 1980 and accordingly, the 2nd respondent has issued orders in Proceedings Rc.No.8096/B5-4/2006, dated 1.11.2008 releasing anticipatory pension at the rate of Rs.1800/- per month w.e.f. 1.1.2006 to the petitioner. It is further stated that in response to the proposals of the 2nd respondent, the Government informed to furnish a revised proposal in the matter for further examination and accordingly, revised proposals for ratification of the service rendered by the petitioner for excess period of six months as a Special Case were submitted to the Government vide letter No.9367/A3-2, dated 8.4.2010 and the orders are awaited. Under the above circumstances, I feel that it would suffice if a direction is issued to the respondents to settle the matter. Accordingly, the writ petition is disposed of directing the respondents to settle the case of the petitioner, within a period of three months from the date of receipt of a copy of this order. No order as to costs. __________________________ Justice T. Meena Kumari Date: 22.7. 2010 nn. THE HON'BLE SMT JUSTICE T.MEENA KUMARI WRIT PETITION NO : 5477 of 2010 22/07/2010