The High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated rn the affidavit filed therewith, the High Court may be pleased to issue a wrrt of mandamus or any other appropriate writ or direction declaring the action of the respondents '1 to 4 not adopting and implementation of the Old Pension Schdme and adopting Government of lndias New pension Scheme as illegal, arbitrary and violation of Article 14, 16, 19, 21 of Constitution of lndia and contrary to the office l\rlemorandums, dt. 17. 2. 2O2O and 3. 3. 2023 either by adopting or modifying the Telangana State Revised Pension Rules 1980 or issuing official Memorandum identical to the Government of lndia Office Memorandums dated 17. 2. 2020 and 3. 3. 2023 and consequently direct the respondents to implement the Office Memorandums, dt. 17. 2. 2020 and 3. 3. 2023 eilher by adopting or modifying the Telangana State Revised Pension Rules 1980 or issuing official Memorandum identical to the Government of lndia, so as to give effect to the petitioners forthwith. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 1 to 4 to implement the Old Pension Scheme to the petitioners as the notification, dated 23. 11 . 2OO3 for the recruitment of the Group- I Officers is prior to 01. 09. 2004 vide Go. Ms.. No. 653, Finance (Pension- l) Department, d|.22.09.2004, pending disposal of writ petition. Counsel Counsel for the Petitioner : SRI K.BHEEMA RAO for the Respondents No.1to3,5&6 : SMT.G.SHALINE, Counsel Counsel for the Respondents No.4 : GP FOR SERVICES lll for the.Respondent No.7 : SRI GADI PRAVEEN KUMAR, GP FOR SERVICES II DY.SOL.GENERAL The Court made the following: ORDER // THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO trIRIT PETITION .No.19943 0F 20.25 ORDER: Heard Sri K. Bheema Rao, learned counsel appcarir_rg for the petitioners, Smt. G. Shaline, learned Assistant Government pleader for Services-Il appearing for respondent Nos. I to 3, S and 6, Smt. K. Swathi, learned Assistant Government pleader [or Services_lll appearing for respondent No.4 and Sri G. praveen Kumar., learned Standing counsel for Union of India appearing lor respondt.rrr No.Tand perused the material available on record.

2. Learned counsel for the petitioner submitted tha[ the Erstwhile State of Andhra Pradesh, the public Service commissio.cr issued Group-I Services (General Recruitment) Notification No.2l /2OO3, dated 21 1 1.2003 inviting the candidates for the various posts tike Deputy Collectors, Commercial TAX Officers, Deputy Supe rintendent of Police, Regional rransport officer, Assistant prohibition {t Excise Superintends and Mandar parishad Development officers and 3og posts are notified including carry forward vacancies and thc rast date for submission of applications was 2O.I2.2OO3. In responsc to the said notification, all the petitioners applied and gone through the selection process conducted by the AppSC in the mode of examination and got selected as Manclal parishad Development Officcrs and \ consequently the 5th respondent herein issued appointment orders to the lst petitioner, dated 12.3.2OO7 and similarly to the other petitioners. Accordingly we are all joined in the respective places and continued in the same posts for the last several years and discharging duties with the satisfaction ol the supcriors.

3. Learned counsel lor the petitioner further submitted that, while the matter stood thus, the Government of India has constituted a higher power committee with the specific reference to recommending contribution scheme. Based on the recommendation of the committee Government of India introduced a contributory Pension scheme to in the place of existing non contributory Dehned Benefit Pension Scheme. In pursuance of Lhe same, the then Government of Andhra Pradesh issued Go. Ms.No.653, Finance (Pension-1) Department dated 22-09-2OO4 introducing new pension scheme of contributory pension scheme to the all posts in the State of Andhra Pradesh w.e.f O1-09- 2OO4 and,to that eflect an amendment was made to Andhra Pradesh Revised Pension Rules 1980, and accordingly a notification was issued in exercise of the powers conferred by the proviso to Article 309 of the Constitution of India and accordingly the amendment to the A.P Revised Pension Rules 1980 shall deemed to have come into force on I.9.2OO4.lt is pertinent to note that the employees who are appointed after 1.9.2OO4 are only entitled for contributory pension scheme. ---=/ 7

4. Learned counsel for the petitioners relied upon the G.O.Ms.No.653, Finance (Pension-l) Department, daLed 22.O9.2OO4 and in the said G.O., it is obserwed as follows: "ln the said Rules, in part- I after rule 2 (f) the following shall be added, namely:- (g) (i) These rules shall not apply to all the Government Servants appointed on or after rafter 1-9-20O4, to services and posts in connection with the affairs of the State which are borne on pensionable establishment, whether temporary, or permanent. (ii) These rules shall not apply to all appointments, whether temporary or permanent, rnade on or after O|-O9-2OO4 in a-11 the State Public Sector Undertakings, whose pay and allowalces are drawn from the Consolidated Fund ofthe State or not. (iii) These rules shall not apply to all appointments, whether temporary or permanent, made on or after O1-O9-2004/of all the tiers of the Rural and Urban Loca-l Bodies such as the Gram Palchayats, Mandal Parishads, Zil1a Parishads, Municipalities, Municipal Corporations, Urban Development Authorities, Co- operative and Urban Local Bodies, Zilla Grandhalaya Samsthas, Agriculture Marketing Committees, including all the Universities in the State, including all the Institutions functioning u nder the Universities, whose pay ald allowances. are drawn from the Consolidated Fund ofthe State or not."

5. It is further submitted that, similar order is passed by the Hon'ble Division Bench of this Court in W.P.Nos.22559, 15644 and 11398 of 2023 ar.d for the same relief, the petitioner has made a representation on 17.O5.2025 to the 1st respondent.

6. Learned Assistant Government Pleader appearing lor the respondents submitted that they have no objection to consrder and dispose of the representation dated 17.05.2O25, submittcd by the , I petitioners and pass the appropriate orders, in accordance with the order passed by the Hon'ble Division Bench of this Court in W.P.Nos.22559, 15644 and 1 1398 of 2023.

7. Having considered the submissions made by the learned counsel for both the parties, the respondent authorities are directed to consider and dispose of the representation dated 17.OS.2O2S, submitted by the petitioners, in accordance with the order passed by the Hon'ble Division Bench of [his Court in W.p.Nos.22SSg, 15644 and 11398 of 2023, whither they are eligible or not and pass appropriate orders thereon, in accordance wi[h law, within a period of eight (O8) weeks from the date of receipt of a copy of this order.

8. With the above directions, this Writ petition is disposed of, at the admission stage itself. No order as to costs. As a sequel, miscellaneous applications pending, if any, in this Writ Petition,' shall stand closed. //TRUE COPY// SD/-N. SRIHARI PUTY REGISTRAR SECTION OFFICER To,

1. The Principal Secretary, State of Telangana, Panchayat Raj and Rural Development Department, Secretariat Building, Hyderabad, Telangana State. \

2. The Principal Secretary, State of Telangana, General Administrative Department, Secretariat Buiiding, Hyderabad, Telangana State.

3. The Principal Secretary, State of Telangana, Agriculture and Cooperative Department, Secretariat Building, Hyderabad, Telangana State.

4. The Principal Secretary, State of Telangana, Finance Department, Secretariat Building, Hyderabad, Telangana State.

5. The Commissioner, Panchayat Raj and Rural Development, D- No.6- 3- 607, Ananda Nagar Colony, Khairathabad, Hyderabad - 500 004.

6. The Commissioner for Agricultural and Cooperation, Telangana State -7t

7. The Additional Secretary to Government of lndia, ft/lnistry of Personnel public Grievances and Pensions Department of Pension and Pensioners Welfare Lok Nayak Bhawan, Khan lVlarket, New Delhi B One CC to SRI K.BHEEMA RAO, Advocate. IOPUC] 9. Two CCs to GP FOR SERVICES ll, High Court for the State of Tetangana.

10.Two CCs to GP FOR SERVICES lll, High Court for the State of Tetangana. '1 1 . One CC to SRI GADI PRAVEEN KUNIAR, (Deputy Solicitor Generat of tndia), High Court for the State of Telangana at Hyderabad. [OpUC]

12.Two CD Copies. \ BSK GJP ; o 1HE ( (J o e 0 JUt 2$6 2t i I f-,i\ II HIGH COURT DATED:1810712025 ORDER WP.No.19943 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS T