b No gratuity shall be paid to the Government servant until the companyclusion of the departmental or judicial proceedings and issue of final orders thereon.
The appellant filed a review petition before the Tribunal which was also dismissed by the Tribunal in view of the pendency of the criminal case against him.
The Tribunal, by its order dated December 2, 1988, held inter alia, that in accordance with Rule 52 of the Andhra Pradesh Revised Pension Rules, 1980, the appellant shall be paid provisional pension but numberdeath cum retirement gratuity shall be paid to him till the judicial proceedings are companycluded and the final order is passed thereon.
The relevant portion of Rule 52 which deals with payment of provisional pension and withholding of gratuity is as follows Provisional Pension where departmental or judicial proceedings may be pending 1 a In respect of a Government servant referred to in Sub rule 9 , the Audit Officer Head of Office shall pay the provisional pension number exceeding the maximum pension which would have been admissible on the basis of qualifying service up to the date of retirement of the Government servant, or if he was under suspension on the date of retirement, up to the date immediately preceding the date on which he was placed under suspension.
He, thereafter, filed an application in the A.P. Administrative Tribunal praying for an order directing the respondent to grant all arrears of pension, death cum retirement gratuity, companyputation of pension from July 1, 1988 till date as also companysequential benefits on promotion to the post of Joint Secretary to the Government from July 13, 1987 to June 30, 1988.
The appellant, however, in July 1992, again requested the State Government to sanction full pension, gratuity and other benefits as also companytended that he should be granted benefits on the basis of his being promoted to the post of Joint Secretary to the Government of Andhra Pradesh.
Accordingly, on September 30, 1989, the Government of Andhra Pradesh issued an order for payment of provisional superannuation pension.
This companytention was rejected by the Tribunal.
During the pendency of his suspension on June 30, 1988, the appellant was allowed to retire on attaining the age of superannuation while still under suspension without prejudice to the pending proceedings against the appellant.
On May 12, 1986, the appellant was suspended from service.
Long after these S.L.Ps were filed in this Court, the appellant was acquitted in the criminal proceedings by an order dated March 20, 1998.
The order further stated that orders regarding payment of gratuity would be issued separately.
The orders of the Tribunal in the main matter and the review petition are challenged in these appeals.
On March 20, 1986, the Anti Corruption Bureau of the State of Andhra Pradesh registered a case against the appellant under the Prevention of Corruption Act.
The appellant filed a Petition in the Andhra Pradesh Administrative Tribunal challenging his retirement during suspension .
Thereafter, the appellant has been paid the full pension as well as gratuity and other companysequential benefits.
In the present case, apart from Rule 52 c , there was also an express order of the Tribunal which was binding on the appellant and the respondent under which the Tribunal had directed that death cum retirement gratuity was number to be paid to the appellant till the judicial proceedings were companycluded and final orders were passed thereon.
Rule 52 c of the A. P. Revised Pension Rules, 1980 expressly permits the State to withhold gratuity during the pendency of any judicial proceedings against the employee.
The appellant, at the material time was holding the post of Deputy Secretary to the Government of Andhra Pradesh.
In view of this order as well as in view of Rule 52 c , it cannot be said that there was any illegal withholding of gratuity by the respondent in the case of the appellant.
Leave granted.
According to the respondents, under Rule 52 c of the A.P. Revised Pension Rules, 1980, it is provided that numbergratuity shall be paid to the Government servant until the companyclusion of the departmental or judicial proceedings and issue of final orders thereon.
The Tribunal dismissed this application.
