l\,4.Chandra ltlohan v. 1. The Director Of Collegiate Education

Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ of mandamus or any other appropriate writ or writs, order or direction, declaring the proceedings dt.13-3-2006 in No.P2i l/C-290/SP- 60612006-021 11 2 1 on the file of the third respondent and the proceedings dt.30- 10-2006 in Ref. No.91/2006-07 on the file of the 2nd respondent, as illegal, arbitrary and unco nstitutional and consequently direct the respondents to forthwith release all the terminal benefrts of the petitioner with interest, by taking the qualifying service of petitioner as per proceedings dL.21-7-2005 on the file of the 2nd respondent award costs. :l l.A.NO:1 OF 2006 (WPMP.NO:32344 OF 2006) Petition Under Section 151 CPC praying that in the circ:umstances stated in the affidavit file,l in support of the petition, the High Courl may be pleased to suspend the opreration of the proceedings dt.13-3-2006 !n No.P2i l/C-290lSP- 606/2006-02/1 1 :21 on the file of the third respondent and t're proceedings dt.30- 10-2006 in Ref .l',,Jo.91/2006-07 on the file of the 2nd respo'rdent by directing the respondents to release terminal benefits of the petitioner rmediately by taking his qualifying s,lrvice as per proceedings dt.21-7-2015 on the file of the 2nd respondent pending disposal of writ petition. l.A.NO:2 OF 2006(WPMP. NO: 32345 OF 2006 ) Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit file,l in support of the petition, the High Court may be pleased to issue interim directions to the respondenls to forthwith reconsider the case of the applicant for relr:asing the terminal benefits by applying th,.l clarification given in I'lemo dt.24-4-1985 in Rc.No.1996-C7-5/84 issued by director of Higher Education, A.P., Hyderabad pending disposal of writ petition Counsel for the Petitioner : SRI K.RAMACHANDRA Counsel for the Respondent No.1 : GP FOR HIGHER EDU(;ATION Counsel for the Respondent No.2 : - Counsel for the Respondent No.3 : SRI SRINIVAS KARRA The Court made the following ORDER THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION No.25258 of 20o6 ORDER: The present Writ Petition is filed to declare the proceedings dt. 13.03.2006 in No.P2lI lC-29OlSP 606 l2006- 02 lll2l on the hle of the third respondent as illegal arrd consequently direct the respondents to forthwith release the terminal benefits of the petitioner with interest.

2. Heard Sri K. Rarnachaldra, learned counsel for the petitioner and learned Government Pleader for Higher Education, appearing for respondents.

3. Learned counsel for the petitioner submits that the petitioner joined in service as a Part time Electrician on

21.09.1981 on consolidated pay of Rs.25O/- per month' After completion of five years of service, his services were converted as full-time contingent employee. Hence, he u'as paid minimum time sca1e. Thereafter, his services r'r'ere converted into regular post in the Last Grade Service' The above orders were issued by the third respondent vide proceedings No. 766lPCIfi-l 194, dated 12.09.1995.

4. Learned counsel for the petitioner further submits that the petitioner had compleLed 2l years of qualifying service {. 1l : t, K'.: 2 a1ld ap,plied for voluntarlr retirement thror-rgh application, dated 01.07.2005, provided his case fulfillr; the conditions laid down in Rule 43 of A.P. Revised Pens on Ru1es. 198O and requested the authorities to acr:crd necessary permis:rion lor his voluntary retirement.

5. Learned counsel for the petitioner furttrer submits that the 2"d respondent, by Order, dated 21.O7 2005, accorded permiss;ion for petitioner's voluntary reurement w.e.f.

01.10.2005 by specifically stating that the petitioner had complet.ed qualtfying service of 2 1 years :l-rd B months. ThereaJter, the first respondent, through L.is letter, dated 3 1 . 12.2005, forwarded the pension papers to the third responclen t for release of pensionar5r benefits. But, the third responc.ent, through his letter, dated 13.03,2006, returned the pension proposal stating that as pe: letter, dated

28.OI .1992 of Deputy Secretary to Governnle:nt, Education (S.S.) Department, vide G.O.Ms.No.156 Fin. tk plg. (FW penl) Department, dated 29 .O4. 1983 is not ap.rlicable to the teachinll & non-teaching staff of Aided Schools & Colleges. Hence, the contingent service of the petitioller as class-IV employe e, is not considered for qualifying serr.ice. As such, the petirioner was not eiigibte for voluntary rei.irement on the I t , ground that he had not completed 20 years of qualifying servlce The said order is challenged in this Writ Petition.

6. Learned counsel for the petitioner further submits that the petitioner while applying for voluntery retirement, specifically requested the authorities that if his case fulfills the conditions laid down in Rule 43 of A.P. Revised Pension Rules, 1980, then only permit him to take voluntary retirement, but without discussing any with regard to the above said Rule, the authorities have permitted him to take voluntary retirement 7 . A perusal of the application ltled by the petitioner, dated O1.O7.2OO5, it is clearly mentioned that if his CASC fulfiils the conditions laid down in Rule 43 of A. P. Revised Pension Rule 1980, then only he may be accorded permission for voluntar5r retirement. Whereas, a perusal of the third respondent's letter, dated 13.03.2006 shows that there is no discussion with regard to Rule 43 of A.P. Revised Pension Rule 1980 as prayed by the petitioner, In the said circumstances, this Court, without expressing any opinion on the merits of the case, direct the petitioner to submit a fresh representation to the respondent authorities within a period of four (04) weeks from the date of receipt of a copy of 4 this order. On such representation beinl:, made by the petitioner, the respondent authorities a.e directed to consider the sarne ald pass approprii:,te orders, IN accordance with law, if he is otherwise eligitrl,,' for voluntary retirement, rrvithin a period of eight (08) ll'eeks; t,herefrom

8. With the above direction, this Writ Petition is disposed of. The::e shall be no order as to costs M iscellaneous applications, if arry penrling, sha1l also stand closed. r..-\ i/TRUE COPYil SD/.MOHD. ISMAIL I)EPUTY REGISTRAR a SECTION OFFICER To Hyderabad.

1. The Direr;tor Of Collegiate Education, Andhra pradesh llyderabad. 2. The Secretary/Correspondent, Badruka College of , Co-nmerce and Arts, 3. The Accountant General, A & E, Andhra Pradesh, Hyd::rabad. 4. Two CCs to GP FOR HIGHER EDUCATTON, High Courl for the State of 5. One CC to SRI K.RAMACHANDRA, Advocate tOpUCl 6. One CC to SRI SRINIVAS KARRA, Advocate [OPUC] 7. Two CD Copies Telangana AT Hyderabad. [OUT] SA GJP q HIGH COURT DATED:2610812025 ) ':., 1t ..- :i i 5iP 2025 't. .,/ ,- ORDER WP.No.25258 of 2006 DISPOSING OF THE W.P WITHOUT COSTS. ( p.- \z>