HON'BLE MR JUSTICE GHULAM MOHAMMED AND HON'BLE MR JUSTICE B. CHANDRA KUMAR WRIT PETITION NO. 28571 OF 2010 Between: G. Janardhan Reddy S/o late G. Ramachandra Reddy ………….Petitioner AND Government of A.P. represented by its Secretary Education (Ser. Vig (1) Department Secretariat , Hyderabad and four others ………….Respondents ORDER: (Per Hon'ble Sri Justice Ghulam Mohammed) This Writ Petition has been filed by the petitioner in the nature of Writ of Certiorari calling for the records relating to the order-dated 26.8.2010 passed in O.A.No. 3973 of 2008 by the Andhra Pradesh Administrative Tribunal, Hyderabad and quash the same as illegal and consequently direct the respondents to pay the interest @ 18% per month on the delayed payments from the date of retirement to till the date of actual payment. O.A.No. 3973 of 2008 was filed by the petitioner herein seeking a direction to the respondents to sanction and pay interest at 18% on pension due to him from 1.4.1994 to 31.10.2007 for the delayed payment for an amount of Rs. 81,763/-. That O.A was disposed of directing the respondents to pay interest at 12% on the difference of pension after deducting provisional pension from 9.5.2006 to 10.5.2007 and further directed to pay interest on DCRG amount from 9.5.2006 to 14.5.2007 and pay interest to the applicant within two months from the date of receipt of that order. Aggrieved by the same, the present Writ Petition is filed. The learned Government Pleader for Services-II submits that in similar circumstances, this Court by an order dated 28.01.2010 dismissed a batch of Writ Petitions viz, W.P.Nos. 27607, 27614 and 22929 of 2009, wherein this Court at paragraph 25 observed as under: “In so far as awarding of interest in O.A.No. 7027 of 2006, which is the subject matter of W.P.No. 22929 of 2009, is concerned, withholding of pension or gratuity during pendency of the criminal proceedings is justified in the light of Rule 52 of the Pension Rules, referred to above, and aft the acquittal, the employee is entitled to all retirement benefits and consequently, if the said benefits are not paid on acquittal of the employee of the criminal charges, there is no reason why the Government should not be made liable for paying interest over retirement benefits from the date of acquittal. Therefore, we do not see any illegality in awarding interest @ 8% per annum on the retirement benefits from the date of acquittal.” In view of the above, judgment, we do not see any infirmity in the order passed by the Tribunal and the Tribunal has rightly directed the respondents therein to pay interest at 12% on the difference of pension after deducting provisional pension from 9.5.2006 to 10.5.2007 and to pay interest on DCRG amount from 9.5.2006 to 14.5.2007 within two months. Hence, the Writ Petition is liable to be dismissed. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. ________________________ GHULAM MOHAMMED, J _______________________ B. CHANDRA KUMAR, J DATE: 19.11.2010 KA ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies.