Pensionary Benefits Not A Bounty Or Award, Getting Pensionary Benefits A Legal Right: Andhra Pradesh High Court

The Andhra Pradesh High Court has observed that pensionary benefits are not a bounty or award. The Court further held that getting pensionary benefits is a legal right.

The Bench of Justice Tarlada Rajasekhar Rao made this observation while dealing with a petition seeking direction towards payment of the pensionary benefits to the petitioner on the ground that the petitioner was retired from the service in the Registration Department.

It was averred in the affidavit that the ACB authorities conducted surprise raid on the office of the District Register but they have not noticed any irregularities committed by the petitioner herein.

As per the affidavit, no criminal proceedings or disciplinary proceedings are pending against the petitioner, under rule of A.P. Revised Pension rules, 1980.

The Court noted that getting pensionary benefits are the legal rights of the petitioner and the Court noted that no criminal proceedings or disciplinary proceedings were pending against the petitioner. Therefore, the Court held that his pensionary benefits cannot be withheld.

The Court directed the Respondents to pay the pension/retiremental benefits to the petitioner within 8 weeks. 

"In view of the facts and circumstances of the case, on perusal of the material available on record, the present Writ Petition is disposed of directing the respondents herein to pay all the pension/retiremental benefits to the petitioner within a period of eight (8) weeks, from the date of receipt of this order, failing which the respondents are directed to pay interest @ 12% p.a. till the date of payment.", the Court directed.

Cause Title- Writ Petition No.19987 of 2021

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