Smt.P.Prameelamma v. The State of Andhra Pradesh

Sri Krishna Devaraya University, Rep. by its Registrar, Sri Venkateswara Puram, Ananthapur, Ananthapur District ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or direction more in the nature of Mandamus declaring that the petitioner is entitled for counting the period from 1.3.1989 to 27.9.2007 as qualifying service for the purpose of pension, notional fixation and other retirement benefits keeping in view of the Rule 13 and 14 of A.P.Revised Pension Rules 1980 and the Law laid down by the High Court reported in 2010 (2) ALD 165 and Division Bench Judgement of the High Court in W.P.No.8201 / 2016 dt.17.3.2016 with all consequential benefits. Counsel for the Petitioner: SRI P. V. RAMANA Counsel for the Respondent No.1: GP FOR HIGHER EDUCATION Counsel for the Respondent No.2: SRI M. KARIBASAIAH, SC FOR SRI KRISHNA DEVARAYA UNIVERSITY The^ph made the following: ORDER ▼ APHC010002592020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] WEDNESDAY ,THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 261/2020 Between; Smt.p.prameelamma AND ...PETITIONER The State Of Andhra Pradesh and Others ...RESPONDENT{S) Counsel for the Petitioner:

1.P VRAM ANA Counsel for the Respondent(S):

1.M KARIBASAIAH(SC FOR SRI KRISHNA DEVARAYA UNIVERSITY)

2.GP FOR HIGHER EDUCATION (AP) The Court made the following: ORDER:- This petition is filed under Article 226 of the Constitution of India for the following relief;- pleased to issue a writ, order or direction more in the nature of Mandamus declaring that the petitioner is entitled for counting the period from 01.03.1989 to 27.09.2007 as qualifying service the purpose of pension notional fixation and other retirement benefits keeping in view of the Rules 13 and 14 of A. P. Revised Pension Rules, 1980 and the Law laid down by the High Court reported in 2010 2 ALD 165 and Division Bench Judgement of the High Court consequential benefits... ” W.P.No.8201

17.03.2016 2016,

#2. The case of the petitioner in brief is that the petitioner was appointed as Library Technical Assistant on 01.03.1989, pursuant to a University Circular dated 19.11.2019 and promoted as Junior Library Assistant on 27.09.2007 and was later promoted to Library Assistant Grade-I

22.06.2012. Thereafter, his services were regularized from 27.09.2007, but the period from 01.03.1989 to 27.09.2007 was not considered for pension, notional fixation, increments, and retirement benefits and under Rules 13 and 14 of the Revised Pension Rules, 1989, temporary service, including daily wage or consolidated pay appointments should be counted as qualifying service for pension. However, the petitioner had earlier filed W.P.No.4952 of 2003, seeking regularization of the service of the petitioner as Library Technical Assistant from 01.05.2001 on par with his juniors. However, his regularization was only granted from 2007 upon promotion, depriving him of pensionary benefits for the preceding years. Hence, the writ petition is filed.

#3. Heard Mr.Manoj Kumar Bethapudi, learned counsel, representing Mr.P.V.Ramana learned counsel petitioner and learned Government Pleader for Higher Education for the respondent No.1 and Sri M. Karibasaiah, learned Standing Counsel appearing for the respondent No.2.

#4. On hearing, learned counsel for the petitioner submits that under Rule 13, once a person is appointed and receives payment from the Consolidated Fund of the State, that period qualifies for pensionary benefits. The Hon’ble Division Bench of this Court in W.P.No.8201 of 2016, dated

17.03.2016 held that temporary service followed by regularization should count towards pension. A Single Judge of the High Court in 2010 (2) ALD 165 also considered Rules 13 and 14 of the Revised Pension Rules, 1980, ruling that a Library Assistant in the Sports Authority of Andhra Pradesh was entitled to count his consolidated pay service towards pension. Learned counsel for the petitioner further submits that excluding the service of the petitioner from

01.03.1989 to 27.09.2007 would result in a loss of 18 years of service, making him ineligible for full pension and there are similarly situated persons who have been granted relief by the courts and accordingly, the case of the petitioner should also be treated. Hence, the learned counsel for the petitioners requests to pass appropriate orders.

#5. Learned counsel for the petitioner filed a memo stating that similarly situated person/employee was given benefit counting previous/past service as qualifying service for the purpose of pension, notional fixation and other retirement benefits as material for better adjudication of the case. He has also placed reliance on the Division Bench judgment of this Court in the case of U.V.S.R.Prasad and others vs. State of Andhra Pradesh and another^. I I

#6. Whereas, learned Government Pleader for Higher Education has placed reliance on the judgment of the Hon’ble Supreme Court in the case of Uday Pratap Thakur and another vs. State of Bihar and others^, wherein it was held that at the same time, after rendering of service as work charged for "2018 (2) ALD 282 (DB) 2 AIR 2023 SC 2971 number of years and thereafter when their services have been regularized,, they cannot be denied the pension on the ground that they have not completed the qualifying service for pension.

#7. Considering the submissions of learned counsel for the petitioner and the learned Government Pleader for Higher Education and learned Standing Counsel and by following the judgment of this Court referred to above, this Court deems it fit to allow the present writ petition. Accordingly, the writ petition is allowed and the petitioner is entitled for counting the period from 01.03.1989 to 27.09.2007 as qualifying service for the purpose of pension notional fixation and other retirement benefits.

#8. With the above directions, this Writ Petition is allowed. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. To, //TRUE COPY// Sd/- B CHITTI JOSEPH ASSISTANT REGISTRAR C^&OFFICER SE

#1. The Principal Secretary, Higher Education, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Amaravathi, Guntur, Guntur District., 2. The Registrar, Sri Krishna Devaraya University, Sri Venkateswara Puram, Ananthapur, Ananthapur District

#3. One CC to Sri P. V. Ramana, Advocate [OPUC] 4. One CC to Sri M. Karibasaiah, SC for Sri Krishna Devaraya University[OPUC]

#5. Two CCs to GP for Higher Education, High Court of Andhra Pradesh. [OUT]

#6. Three CD Copies. high court DATED: 12/02/2025 H. ORDER WP.No.261 of 2020 iP S 15 MAR 2025 Current Section ALLOWING THE W.P. WITHOUT COSTS