The High Court · 2025

Order

Heard Sri p.Ugender Reddy, learned counsel on behalf of the petitioner and learned Government pteader for School Education appearing Assista nt

appearing on behalf of the respondents.

2. Th as under: iti ner a ro h th c rt ee tn r "...to issue a Writ Order or orders more in the nature of Writ of Mandamus declare the impugned action of procrastination of the respondents under the guise of correspondence to consider the petitioners claim for counting of ex-serviceman service (defense service) for pension calculation at the time of retirement in spite of specific instructions given by the Union of India in its Office Memorandum No.2B/20/20O4_p&p(B) dt.lI/0612020 is illegal, arbitrary, unfair, unjust and violation oF Articles 14 of the Constitution of India and consequently declare that as the petitioner has been appointed on t9/lO/2OOg (between the period 0l/04/2004 and ZB/tO/2C09) for this reason his ex- servicemen service is entiUed to count for pension calculation at the time of his retirement in terms of the ) l I l I I I I I I I i I I i I I I I i i i t I i i t I j '.t'r: .:l 2 SN, J above Office Memorandum dt.ll/06/2020 with all consequential benefits and to pass..."

3. The case of the oetitioner in brief as per the averments made in the affidavit filed bv the oetitioner in suDoort of t e Dresent Writ Petition is as under:- It is specific case of the petitioner that the action of procrastination of the respondents under the guise of correspondence to consider the petitioners claim for counting of ex-serviceman service (defense service) for pension calculation at the time of petitioner's retirement in spite of specific instructions given by the Union of India in its Office Memorandum No.28/20/2OO4-P&P(B) dt.Lt/06/2020 is illegat, arbitrary, unfair, unjust and violation of Articles 14 of the Constitution of india and as the petitioner had been appointed on t9/LO/2009 (between the period OL/04/ZOO4 and 28/L0/2009) for this reason his ex-servicemen service is entitled to be counted for pension calculation at the time of his retirement in terms of the above Office Memorandum dt.ll/06/2020 with all consequential benefits. Aggrieved by the same, the present Writ Petition is filed. t ./,:/ SN, J 3 4 P RUS E D THE RECORD. A T e r.N 7 2 T V. a dress bv th Dire ted 22 9 o21 r, Sch ol Educatio N,T elanqa a s ate, Hvder ba /ReSDondent No.2 to the Secretarv to OV rn en d o s o IE on De rt en T an an ecr arl t h reu nder: - d d Re n N R e a ed - I am to submit that, the District Educational Officer, Sangareddy District vide referenc" .itJ-nui stated that the HM, Z?HS, Kothtapur(M), Sanga ReOay (M), Sangareddy District nas suOmittJ ihat sri pujari Padmanabham worked in Defence Service ai armed forces NK (Arty-Surveyor) w.e.f. 2t.03.$il. iJ nu. tut"n voluntary retirement on 01.03.2003. Later, he was selected in DSC-2008 under Ex_seruii"r"n- qrota as Lp Hindi and joined in ZpHS Korpote on rS.iO.2oO9 in CpS (NPS) Govt of Service or State Service is eligible for previous service tor pension calculation at- the time of retirement. Further I submit that the Government vide G.O.Ms.No.95, dated 03.04.20t2 nuru ii*uO following orders. The operative portion of the orders iie as fottows: "6. Accordingly to Sub_Rule 15 under FR.19 Re-employed pensioners who are in receipt of superannuation or retiring pensions, and are re_employed temp_orarily for specific periods should not be given the benefit of revised scales of pay. Their piy *O pension should not together exceed the pay tast Oiawn by them while in service. This rule will not however, apply to persons/ who retired on compensation or invalid pension before they attained the age of 58 years as unfit for I I I I { l I i I I I I i l I I I i , I I j 4 SN, J service in a particular post of department and Ex-lvlilitary Personnel who are subsequently re-employed on permanent footing on a difFerent post or department...." In view of the above, I request the Government to issue further necessary orders in the matter please. B. The reDresentatio n of the Detitioner, dated 15 .o4.2022 addre ed to the 3"d resDondent is racted here u nder: - "It is submitted that I, P. padmanabham, Ex-Service Soldier, Language Teacher Hindi. I stated as the above subject requested to the District Education Officer to take my army service into the consideration for the pension. I, therefore, requested you sir kindly furnish the action taken report of my application, dated 06.O7.2020, DISCUS ION AND CON CLUSION:- 5. Learned counsel appearing on behalf of the petitioner submits that the petitioner made a detailed representation, dated 06.07.2O2O seeking counting of ex- serviceman service (defence service) for calcutating the pension under the old pension scheme by passing appropriate orders on petitioner,s representation, dated 06.07.2O2O addressed to the Gazetted Headmaster, ZPHS, Kothlapur, Sangareddy and respondent No.3, and that the petitioner had submitted another representation, dated L6.O4.2O22 to the respondent No.3, seeking the status .,/ ! i j 5 SN, J report of the action taken on the representation, dated 06.07.2O2O, however, the respondents had not taken any action on both the representations, dated 06.07.202O and L6.O4.2O22 as on date, which had been forwarded by Gazetted Headmaster, z:pH|st Kothtapur, Sangareddy to respondent No.3 vide Lr.No.636/ZpHS/K,pUR/2O2O, dated 06.O7.2O2O and the same had been forwarded by the respondent No.3 to the respondent No,2, vide Lr.No.2943 / 82/ 2O2O, dated O4.O9.2O2O. which in turn had been forwarded to the respondent No.1 vide Lr.No.867lSER-IV- 1/2020, dated 22.O9.202J-. Aggrieved by the same, the petitioner approached this Court by filing the present Writ petition. 6 tter da e dic es a 2 .09 o2 ad s db th Di r 5c ool du ti T n a t he ecr a ver m t E u onD n Tel n H es of e eti on h s tn or oun n e ef nc h bv the resDondent No. 2to res ntNo.1 a nd rthera 6 SN, J sDecific uest was made to examine the case of the Detitioner as Der G.O.Ms.N o.95, dated O3.O4 .2O12 with reference to Sub-Rule 15 under FR.19. but however thou oh the said letter. dated 22.O9.202L had been forwa rded bv the Director, School Education. Telanqana the S r to Gov r ent Sch Educa tion Deoartm ent, Telanoa na Secretariat. Hvdera bad wav back 22.O9.2O2L so far, no st ps had been initiated to consider the orievance of the D titioner i.e., countinq itioner' r the ol se servr for cal ron s h b a ADDTOD iate orders on oetitione r's reoresenta tion, dated

06.07- O2O and 15. 04.2022.

7. Educa Learn d Assistant Government Pleader for School tion on behalf of the resDondents submits that the resDo dents mav be directe d to consider the reo uest of the oetition r made representa tions, o6.07.2020 nd 15. o4.2022 within a reasonable oeriod in acco dance to law. l i I t I I I I I // 7 SN, J 8 s a ea n o al of th n d s s e e a e the I a rned Assis tan Govern me t Pleader Educa ron half oft e oondents. n for Sch ol 9 Takinql nto t a) The aforesaid facts and circumstances of the case. nsider ton:- b) The submissions made by the tearned counsel appearing on behalf of the petitioner and tearned Assistant Government pleader for School Education on behalf of the respondents. c) The representation of the petitioner, dated L6.O4.2O22 addressed to the 3.d respondent pending considerataon with the respondent herein till as on date. d) The contents of the Lr.No.B67lSET/IV_L/ZO2O, dated 22,09.2021 addressed by the Director, Schoot Education, Telangana State, Hyderabad to the Secretary to Government, School Education Department, Telangana Secretariat (referred to and extracted above) having not been acted upon by the 1.t respondent till as on date. =-< 8 The Writ Petition is d isoosed of directin resDonde nt Nos.1 & 2 to consider the re uest of SN, J ut-fo r s VI dat d 06.07 .2020 and 16. o4.2022 add ressedtoth resDondent herein, whereun der the Detition er souo tto -serv man ervr into consid ration for the DU rDOSe of Dension a nd to turn ish the reDort Dertaininq er's ao pl ication, dated 06.o7.2020 add ress dto to action taken petition ron r' 3,.d the 3rd resoondent seeki count tn of the Detitio er's ex-s rvtceman servtce ( Defence Service ) for Denston calc Iation d v taktn tnto consid at e r e s necific

2.O9.2 1 addr e Dir School Education, Telanoana State. Hvderaba i.e., the 2nd the Secretarv o Government, School resDondent t Edu tion Deoart ent, Telanoan

1.e., the 1st resoo ndent ( referred to and extracte d above ), in Secreta riat ormr with rt ct n r o ers n !he of ur o4 ksf m e and dul m e l ! I I I I I I l ! i I I I I I 9 the decis !on on the sai a e

07. o o n oetitio r's reDre e o 2 e HowEVer, thereshaI be no order as SN, J n ti n r Miscellaneous petitions, if Petition, shall stand closed. any, pending in this Writ SD/-L. VIJAYA LAXMI AS ISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1 2 ? 4 5

6. +[: l'Jffi,lr1*:creta ry, Schoot Ed ucation Dept., secreta riat, The Diiector of School Education, Govt.of T.S.Hvderabad. The District Ed u cationa I Offi;;r. Sa;;;;;;r; ;li;;'' " onecc to sRt p UGFNnER'RED6Vlnii,#"iJ"bpucf rwo ccs to Gp FoR scHoo_L E-D-u-cAiibri'i;gh"a;ur*or the state of ----'r'| Telangana at Hyderabad tOUT] Two CD Copies 'Ivrr 'r rrerr \JL BM BS -6a {'r I I I CG TODAY HIGH COURT DATED:01 10812025 'ir d r. (t0 ?16 t C. -i_, ,. -fI \. t\ ORDER WP.No.2S503 ot2022 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ^(eh nLQY W^'^,b .q\ \ , I t I l t I l I