High Court · 2025

B. Viiaya Mohan Rao, S/o.Late Sri Veeraiah, aged years Occ Stenographer (Grade-lll), Additional Junior Civil Judges Court at Parkal, Pre_sently worklg in the Cou( of Junior Civil Judge at Mulug, Warangal District. Fi/o. Plot No.76, Excise Colony, Subedari, Hanamkonda, Warangal District. ....PETITIONER AND The Principal District Judge, Warangal, Warangal District. Telangana. ...RESPONDENTS 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 any wnt, order or direct particularly one in the nature of WRIT OF MANDAMUS declaring the proceedings No. DC-WGUnW-E, Dis.l'to.gSgg Ot. 07-05-2016 of the Respondent as arbitrary, illegal and violative of Principles of Natural Justice, Art.14 and 21 of the Constitution of lndia and nullify the same l.A. NO: 1 OF 2016{ WPMP. NO: 24551 OF 2016) Petitron under Section 151 CPC praying that in the circumstances stated in the affidavit filed rn support of the petition, the High Court may be pleased to suspend the proceedings NO.DC-WGL/AW€, Dis.No.3599 dt.07.05.2016 of the respondent, pending disposal of the above writ petition l.A. No i 10F 20 17 P. NO: 3482 OF 2017 ) Between: The Principal District Judge, Warangal, Warangal Districl. Telangana. ...PETITIONER/RESPONDE NT AND B. Vijaya Mohan Rao, S/o.Late Sri Veeraiah, aged years Occ Stenographer (Grade-llt), Additional Junior Civil Judges Court at Parkal, Presently working in the Court of Junior Civil Judge at Mulug, Warangal Drstrict. R./o.Plot No.76, Excise Colony, Subedari, Hanamkonda, Warangal District. ...RESPONDENTMRIT PETITIONER 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 vacate the interim order in W.P.M.P.No. 24551 ot 2016 in W P.No.19998 of 2016 dated 23.6.2016, pending disposal of the writ petition Counsel for the Petitioner: SRl. M. SRIKANTH Counsel for the Respondents: SRI BATHULA RAJ KIRAN (SC FORTS H C) The Court made the following: ORDER HON'BLE SRI JUSTICE P.SAM KOSHY AND HON'BLE SRI JUSTICE NARSING RAO NANDIKONDA WRIT PETITION NO.19998 OF2O15 ORDER: r Hon'ble Sri Justice Narsing Rao Nandikanda) This writ petition is fited seeking to declare the proceedings No.DC- WGL/AWE, Dis No.3599, dated 07.05.2016 issued by the Respondent as arbitrary, itlegal and viotative of Articles 14 and 71 and against the prirrciptes of natural justice and of the Constitution of lndia. 2, The brief facts of the case are that the petitioner joined senrice in the Unit of District Legal Services Authority, Waranga[ as Cterk-cum-Typist, vide order DC' WGL/DLSA-BC/Dis.No.575, dated 01.07.2000. White, working as Clerk-cum-TyPist, a notification was issued by the learned Principal District Judge calling for application for the post of Personal Assistant in the unit of learned Principal District Judge, Warangat. Pursuant to the said notification, the petitioner sent his apptication through proper channet to the Principal District Judge, Warangal and lrc was selected for the post of Personal Assistant. Thereafter he submitted his resignation as per the Rute 26 of A.P.Revised Pension Rutes, 1980 and the said resignation is onty a technical formatity.

3. Consequent upon joining the post of Personat Assistant in the Unit of learned Principa[ District Judge, the petitioner was posted to the learned Senior Civit Judge's Court at Mahabubnagar and entries were made in his Service Register about his previous service and pay protection was exteMed, recognizing his previous service of '10 years rendered under District Legal Service Authority. ., PSru & NNRJ wP No.19998 ol 2016 White thing stood, petitioner was served the impugned order No.DC-WGL/AW-E, Dis No.3599, dated 07.05.2016 by the respondent withdrawing pay protection and the services rendered, and directed the Disbursing Officer-cum-Addt. Junior Civit Judge, Parkal to open a fresh Service Register of the petitioner and to discontinue GPF and other subscriptions. Aggrieved by the said impugned order, the instant writ petition has been filed.

4. Sri M.Srikanth, learned counsel for the petition€,r contended that the appointing Authority for both the posts is the Principal District Judge, Warangal. When the apptication was made through the proper channel fottowed by a technical resignation, the entire service counts by apptying the principte of mobitity of emptoyment permitted under Rute 26 of A.P.Revised Pension Rutes, 1980 and he further contended that the petitioner's resignation to join another post of the same department is to be construed as a technical formatity and the past service rendered by him cannot be forfeited, and as such, the action of the respondent is impermissibte under Rute 26 of A.P.Revised Pension Rutes, 1980.

5. Learned counsel for the petitioner further contended that the respondent has neither given a fair opportunity of hearing nor issue,J a show cause notice before passing the said impugned order and the atteged impugned order takes away the petitioner's'10 years of service and withdraws the pay protection, which is not permissible in law and a[so in viotation of principtes of natural justice, hence he prayed this Bench to set-aside the impugned order No.DC-WGL/AW-E, Dis No.3599, dated 07.05.2016 issued by rhe respondenr and attow the writ petition. 3 PSKJ & |\INRJ WP No.199aa of 2076

6. Sri Bathuta Raj Kiran, learned Standing Counsel appearing for the respondent has fiLed counter affidavit and contended that the petitioner tendered his resignation from his earlier post i.e., cterk-cum-Typist from the unit of District Legat services Authority, subsequent to his appointment as Personal Assistant, vide Proceeding in Dis No.7213, dated 23.07.2009. The petitioner was appointed under direct recruitment to the post of Personal Assistant by the Principat District Judge, warangal who is the Unit Head of the warangat District Judiciary and placed petitioner under probation for a period of two years on duty with a continuous period of three years of service from the date of his joining. Therefore, it is crystat ctear that nowhere in the appointment order, the petitioner was directed to submit his resignation under Rute 26 of the A.P.Revised Pension Rute nor there is any stiputation in his appointment order with regard to the protection of his earlier service atteged to have been rendered by him' Learned Standing counse[ further contended that the chairman, District

7. Legal Service Legat Authority, Warangat, is a different entity than that of Principat District Judge, warangat. The District Legat service Authority, warnangal, has accepted the said resignation, therefore petitioner is bound to be inducted into the new service with a new service record, instead the petitioner continued his previous service Register without any authentication or specific order from the Unit Head i.e., learned Principat District Jr.rdge, warangat. However, after due verification, the respoMent directed the Drawing and Disbursing officer-cum-Addl. Junior civit Judge, Parkat to dispense with the earlier service Register of the petitioner and to open a fresh service Register' 4 PSKJ & NN&I WP No-79998 oJ 2016 thereby issued impugned proceeding No.DC-WGL/AW-[, Dis No.3599, dated

07.05.2016.

8. Learned Standing counsel for the respondents further drawn attention of this Bench to Rute 29 of the A.P.Judiciat Ministerial Sen,ice Rutes, 2003, which reads as under: "29. Consequences of resignotion:- A member of the seruice shotl, if he resigns his oppointment, forfeit not only the seryice rendered by him in the particulor post held by him at the time of resignotion but oll his previous service under the Govemment of Andhro Prodesh or ony other State Government in lndio. The reappointment of such person to the service shall be treoted in the some way as a first oppointment to the service by direct recruitment and oll rules governing such awointment sholl apply; ond on such reappointment shall not be entitled to count ony portion of his previous seruice for any benefit of concession odmissible under any rule or order; Proided thot nothing contoined in this rule sholl effect the operotion of clause (b) of Article 418 of the Civil Service Regulotions."

9. Learned Standing counsel for the respondents further contended that in light of the said Rutes referred to above, the previous service of the petitioner is forfeited, as the petitioner has resigned from the eartier post. Hence the contention of the petitioner for a ctaim of protection of his eartier service is not justifiable hence prayed his Court to dismiss the writ petition.

10. Heard both sides. Perused the material on record.

11. The point that arose for consideration before this Court is whether the pet'itioner is entitted to ctaim previous service and pay protection, rendered under in District Lega[ services Authority; and whether the said resignation is onty a technical formatity as per Rule 26 of the A.p.Revised pen;ion Rutes, 1980. v; 5 PSK.! & NNRJ wP No.19998 oJ 2416

11. Before proceeding further, it is imperative to extract Rute 26 0f the A. P.Revised Pension Rute 1980.

26. Forfeiture of service on resienation :- (1) Resignation Irom a service or post entails forfeiture of past seruice Proided that a resignotion shall not entoil forleiture of post service if it hos been submitted to take up with proper permission, another appointment, whether temryrary or permonent, under the Government where service qwlifies. (2) lnterruption in service in a case falling under the provie to sub'rule (1), due to the two appointments being ot different stations, not exceeding the joining time permissible under the rules of transler, sholl be covered by grant of leave of ony kind due to the Crtvernment servant on the dote of relief or by formol condonotion to the extent to which the period is rbt covered by leove due to him. Note 1 :- Under provi* to Rule 25, resignotion of an owointment to toke up with prqer permission onother oppointment whether Wrmonent or temporory, seNice in which counts in full or in port, is rat resiSnation from service. A question has been roised whether in such coses o seporate sonction should be issued indicating thot resignotion has been occepted under the above proisions, in order to enable the ouditl administrative officer to regulote the consequentiot benefits in the motter of pay fixotion, corry forutard of lewe, pension, etc. ln cases of the above twe the order acceDtine the resienation should cleorlv indicate thot the emDlovee is resienine to ioin another oDoointment with DroDer Dermission ond that the benefits under Droviso to Rule 26 will be admissibl,e to hiq The contents of such order should olso be noted in the service fuk of the individuol concerned uder proper ottestotion. No seporote order snctioning these benefits in such coses eoch time would be necessary. Note 2 i A member of o service or services, who is selected for appointment by direct recruitment to onother post, cotegory or class in the vtme or different service ond is oppointed to it, sholl, os soon as he is ar{/oint to the post, cntegory or closs for which he hos been selected by direct recruitment, be deemed to hove resigned from the service or services of which he is a member prior to his oppointment os aforesaid : Provided that nothing in this ruling shall affect the benefits accrued to such member of a service or *rvkes in the previous post or posts, except the lien or probotionary right, os the case may be, on ch post or posts.

13. On a ptain reading of Rute 26 of the A.P.Revised Pension Rute 1980, it is ctearty evident that resignation sha[[ not entail forfeiture of past service if it has been submitted tt taXe up with proper permission. lf the resignation of an \ I I i I I i i i i ! I i I I I i l l 6 PSKJ & NNRI wP No.19998 oJ 2OrG appointment is taken up with proper permission for another appointment, whether permanent or temporary, rrvice in which countsi in futt or in part is not resignation from seryice. The resignation shoutd ctearty indicate that the emp(oyee is resigning to join another appointment with proper permission and that the benefits under proviso to Rute 26 witt be admissibte to him and the contents of such an order shoutd atso be noted in the service Book of the individual concerned under proper attestation. No separate order sanctioning these benefits in such cases each time woutd be necessary.

14. ln the case on hand, the petitioner has made an apptication for the post of Persona[ Assistant through proper channel, which is not disputed by both parties. on perusal of the apptication, the petitioner has ctearly stated that he tendered his resignation from the post of rypist-cum-cterk under Rukr 26 of the A.p.Revised Rutes, 1980 and the respondent has forwarded the said apptication to the & Session Judge, Warangal stating that the pet.itioner,s PrincipaI District apptication can be considered to the post of personal Assistant in the unit of Principal and Session Judge, warangat, under Rute 26 of the A.p.Revised pension Rutes, 1980, which ctearty means that the petitioner's apptication was considered as per Rute 26 0f the A.p.Revised pension Rures, 1gg0, at the time of recruitment. The petitioner's resignation comes under Rute 26 of the A.p.Revised pension Rutes, 1980 as such, the said resignation is onty a technicat resignation to join the new office and the same cannot be treated as discontinued of past services. I I I I I I i 7 wP No.lg) of 2076 15. Admittedty, there is no interval period bet\ reen the resignation and joining of the service by the petitioner from one departrnent to another department by the petitioner. Further, both the services are under two departments of same Government i.e., state Government. Therefore, it can be safe{y conctuded that Rute 29 of the A.P.Judicia[ Ministeriat service Rutes, 200i which the tearned standing counsel for respondent retied upon witt not appty to the present facts and circumstances of the case.

16. ln view of the above findings, we are of the considered opinion that the impugned proceedings No.DC-WGL/AWE, Dis No.3599, dated 07.O5.2016 issued by the respondent are tiable to be set aside and accordingly set aside. 1:1. Accordingty, the Writ Petition is atlowed and respondent is directed to count the petitioner's past service and grant pay protection in terms of the A. P. Revised Pension Rules 1980.

18. Al[ miscetlaneous apptications, if any pending, shatt atso stand c[osed. No order as to costs. SD/. SRINIVASA REDDY TANT REGISTRAR SI /ffRUE COPY// One fair copy to THE HON'BLE SRI JUSTIC (For His LordshiP's Kind Perusa AND One fair copy to THE HON'BLE JUSTICE NARSING RAO NANOIKONDA (For His LordshiP's Kind Perusal) SECTION OFFICER .SAM KOSHY To, 1 2 3 4 6 tu' l The Principal District Judge, Warangal, Warangal District- Telangana' 11 L.R. Copies. The Undei Secretary, Union of lndia, Ministry of Law' Justice and Company Affairs, New Delhi. The Secretary, Telangana Advocates Association Library, High Court Buildings, Hyderabad one cd to SRl. M. SRIKANTH, Advocate toPUCl - o;; ca io sai. BATHULA RAJ KIRAN (sc FoR''jrS H c) toPUCl BM HIGH COURT DATED:0410312025 ORDER WP.No.19998 of 2016 t/ 7 ( lrtE J o o 1[,iiit E i) i t I ALLOWING THE WRIT PETITION WITHOUT COSTS f,. \\, \ .-l