Sir
I would require your kind advise regarding the case filed by my father with the Andhra Pradesh State Tribunal against the Government of Andhra Pradesh.
My father was serving as Divisional Panchayat Officer (Vizianagaram, Andhra Pradesh) and retired from service on 30th June 2002 on attaining superannuation. Post his retirement his pension and other benifits had been withheld by the Government due to service related disputes occured during his tenor. In 2004, upon request made by my father provisional pension of 75% was released by the Govt. In January 2006 the charges filed by the Govt. had been dropped as they were not proven correct, in this regard Govt also issued official G.O, however the pension was not released in full. Later in June 2006, new charges had been framed against my father by the Govt on the back of another issue occured on 18th June 2002 (12 dats before his retirement). He was asked to submit his explanation and the enquiry committie had been instituted by the Govt. He provided his explanation to the committie however the committie officer had submitted his report by proving my father as guilty and recommended for punishment. The entire enquiry had taken over 6 years time and finally concluded in October 2012. Based on enquiry conducted the Govt. had put a 20% cut on pension for life time. The Govt had failed to clarify on what basis the punishment of 20% pension cut was imposed and also not clarified the financial loss to the exchequer caused by my father. My father strongly believes that the charges framed were false and he was not guilty of the misappropriations happend.On further request the Govt had released the balance pension of 5% due from 2002 but the punishment imposed of 20% cut had been made on retrospective basis which means he got his pension @80% from retirement. In general view the punishments are given from the time the punishment was given and not for the period during which the trail was on going. Therefore, he wanted to challenge the Govt on the punishment imposed and approached Andhra Pradesh State Tribunal for justice. He consulted an advocate from Hyderabad and put across his issue and requested for filling the case against the Govt. The advocate has filled the case in March 2014 and advised my father to wait for the counter appeal from the Govt and further court directives. However, unfortunately the expected counter has not been made by the Govt so far and the case has never come for the hearing. He continued to follow up with his advocate regarding the case but he advised that unless the Govt. files counter appeal nothing can happen. My father should wait for the counter from the Govt and there is no provision allows him to send chaser or reminder to the Govt on the pending counter. It has been 2 years and my father is desperately waiting for the judgement as this would confirm whether he further needs to go to High court of Andhra Pradesh.
I sincerely request this forum to advise whether it is true that my father can not send a gentle reminder to the Govt. or request the Honourable Tribunal to direct the Govt to release the full pension as the Govt failed to file counter appeal even after 2 years from the time the case came to court. Please also advise the appropriate provisions which enables him to take thr necessary steps.
Thanks in advance
Krishna Seshu
krishnaseshu@hotmail.com
