The High Court · 2025

writ affidavit, for better adjudication of the writ petition. --- lA NO: 1 OF 2024 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 pleased to direct the Respondent No.2,4 and 5 to transmit the documents necessary for granting pay protection to the Petitioner and fix the pay as per Fundamental Rules F.R. 22 (a)(iv) from the date of joining in the Respondent No.2 department. Counsel for the Petitioner : SRI R.ANURAG counser for the Respondent No.1 ," , ' itJ;.Jl=5lAi,[E$t-, Counsel for the Respondent No.4 : SRI K.V.RAMAN, SC FOR HIGH COURT The Court made the following: ORDER THE HON'BLE SRI JUSTICE P.SAM KOSI{Y AND THE HON'BLE SRI JUSTICE NARSING RAO N.ANDIKONDA WRIT PETITION NO.365I3 OF 2024 ORDER: ftter llon'ble Sn Ju-strce Narsrng Rao Nandikortdc. ) This Writ Petition is filed under Articl e 226 of tiee Constitution of India seeking to declare the action of the respondents in rejecting the representation of ,he petitioner, dated 20.05.2024, which is contrary to tlie Telangana Fundamental Rules and Subsidiary Rules, as arbitrary, illegal and violative of Articles 14, 16, I 9 a'rd 21 of the Constitution of India ald consequently to direr:t respondent Nos.2, 4 and 5 to transmit the necessary docurnents for pay protection and grant pay protection to the peti.ioner and fix the pay as per Fundamental Rules F.R.22 (a,(ir,) lrom the date of joining in respondent No.2 departmenr. and release a-11 arrears of pay and other consequential ber-refits arising out of the same, including pay fixation

2. Heard Sri R.Anurag, Iearned counsel appearing for the petitioner, Sri R. Sheetal l{umar, learncd Assistant Government Pleader for Service No.l, appearing for 2 Pstu & i.iNRt WP No.36513 2024 respondent Nos.l to 3 and Sri K.V.Raman, learned Standing Counsel for High Court, appearing for respondent Nos.4 and

3. The brief facts of the case are that petitioner was initially appointed as Copyist in the Judicial Department on

26.O4.2016 and thereafter she was promoted as Tlpist and worked as such in the Court of Special Judge for Trial of SPE & ACB Cases, Karimnagar till 2O2l. It is stated that in the year 2018, the Telangana State public Service Commission (TSPSC) notified vacancies in Group-lV services uide Notification No.1O/2018, dated 02.06.20lg. In response to the said notification, the petitioner applied to the post ol Typist, she was selected and got appointed as Typist in the Revenue Department. pursualt to the selection in Revenue Department, the petitioner resigned from the post of Typist in the Judicia_l Department and the sarne was accepted by respondent No.4 uide order bearing No.2159IADMlDCRl2O2l, dared 26.O3.2O2t with effecr from 20.O2.2O21. (i) It is stated that after joining the petitioner in respondent No,2, she made several representations to ---- 3 PSK,I & NNR) WP No 36513 2024 respondent No.4 to provide her Last Pay Oertificate and Service Register for fixation ol pay in the Revenue Department. However, respondent No.4 neither replied to any of the representations nor taken any action with regard to the same. It is stated that from the date of joining in the Revenue department, the petitioner did not receive any salary on the pretext that the Service Register ald Last Pay Certilicate were not received by her till 2023. Further, she could not even avail the maternitv leaves fron 16.04.2021 to 12.1O.2021 in view of non-submission of Sc-vice Rcgister Hou,ever, maternity leave was granted onl,v in the year 2023 i.e., after lapse of one year (ii) It is further stated that on O9.O2.2t)22 i.e., after completion of one year, respondent No.4 issued Letter Dis.No.958/ADMlDCK|2022 granting permission to transfer only Last Pay Certificate through online. In spite of repeated representations, the Service Regisrer r.l,as not prowided by respondent No.4, the petitior er filed an appiication under Right to Information Act on 04 .O4 .2022. The said appiication was considered and Photr)stat copy of Service Register along with other information rvas provided 4 PSK & NNRJ wP No.36513 2024 petitioner Lr.Dis.No.2956 /R.T.L.Appl.No.13 I 2022 I ADM/ DCK, dated 02.O5.2022. (iii) After obtaining Service Register, again the petitioner submitted a representation on 06.06.2022 before respondent No.4 which was also rejected by Memorandum Dis.No.41 15/ADM/DCKI 2OO2, dated 04.07.2022. Further, the petitioner also submitted a representation before respondent No.2 on 30.05-202 1 requesting him to count her past service in Judicial Department for the pay protection and all consequential benefits under Fundarnental Rule 22 (a) (iv). (iv) It is also stated that since the representations submitted by the petitioner were not considered by the respondents, she filed W. P. No.2O74 5 of 2024 before this Court to consider her case in view of the Judgment of the Hon'ble Supreme Court in Commissioner of Police and others v. A.Vanamala Raor. This Court vide order, dated O8.O8.2O24, disposed of the said writ petition directing the respondents to consider the representation of the petitioner and pass appropriate orders- Hourever, inadvertently, the 1 2016 sCC Online Hyd 510 5 PSK) & NNR] WP No 365)3 2024 respondents issued proceedings vide Ref.No.A2 I 1Ol9 I 2024, dated 1O.O9.2024 rejecting the representation, dated

20.O5.2024, which was filed for counting her past service as per Fundamental Rule F.R.22 (a) (iv). (") It is also stated that respondent i,urthorities are giving complete go-bye to judgment of the Horrble Supreme Court though her case squarely applies to the said Judgment. Further, in similar circums.t:rnces, pay protection was granted vide G.O.Rt.Nc.564, dated

06.O4.2OO9, r,r,ho had worked in the judicial dcpartrnent and later selected and appointed as Junior Assistzrnt bv TSPSC in Revenue Department. As such, on par rvith the said individual and on the ground of parity, thc case of the petitioner would be considered by granting ,;irnilar relief, otherwise she will be put to hardship and it also amounts to discrimination and in violation of Article ) 4 of the Constitution of India. It is stated that Service Register is in the custody of respondent No.4 and he declinecl to handover the same (vi) Finaily, she submitted that rhe respondents r.vithout .qbserving/examining the technicaliti,:s. accepted 6 PSKJ & NNR) WP No.3651i 2024 her resignation duly noting the reason of resignation, which itself implies that the petitioner was rightfully entitled for pay protection under F.R.22 (a) (iv). The Division Bench of this Court in W. p. No. l2O 1 0 of 2023 vid,e order, dated 04.07.2023 ajlowed rhe rvrit petition, which is squarely applicable to the case of the petitioner ald hence, he prays to allow the writ petition, as prayed for.

4. Respondent No.2 filed counter_afficlavit stating that the petitioner has not informed the District Court, Karimnagar while applying to rhe post of Typist in TSPSC She also did not obtain No Objection Certificate from the competent Authority, thus has contravened to para_lV, 9 (vi) of the General provisions and Para-V (6) of the legal provtstons governing the recruitment process of Notification No.10/018, dated 02.O6.2olg. It is also stated that without obtaining No Objection Certificate from respondent No.4 as the petitioner hled online application to the post of Typist, notified by the Tspsc, the petitioner has to forfeit her previous service ald a-lso the pay protection. Accordingly, 7 PSTJ & NNRI WP No.365)3 2024 respondent No.4 has rejected her applicatior lor issue of Service Register and Last Pay Certificate.

5. [t is stated that the petitioner 1S presently '*'orking AS Typist in the oflice of Tahsiltlar, Kodimial Mandal, Jagtial District and she has requeste<l to count lrer past service in the judicial department for the purpose of pay protection and consequential benehts of p,ar O.o,..rtor-, under FR 22 (a) (iv) for service rendered in the previous department. It is further stated that the pay prrotection n,ili apply only in case of departmental transj'er (OR) the appointment would be made through PSC/DSC selection u,ith due permission and obtaining No Objection Certificate, as such the petitioner cannot seek the pay prolectiot-r under the provisions of F.R 22 (al (ivl

6. It is stated that respondent No.2 t.horoughl,v examinecl the claim of the petitioner for fixatiorL of pay r,r.ith reference to the provisions of F.R.22 (a) (iv), but prima facie the petitioner did not hle the application $ it hou t prior permission of respondent No.4 and did nrrt seek No Objection Certificate and hence, he prays to dismiss the Writ Petition 8 PSfl & NNR) WP No 36513 2024

7. Respondent No.4 filed counter-affidavit stating that as per Rule 30 (c) of the Telangana State Subordinate Service Rules, 1996, a member of service shall, if he resigns his appointment, forfeit not only the service rendered by him in the particular post held bv him at the time of resignation but all his previous service under the Government. It is further stated that when the Government employee resigns to his post and the same is accepted as per the Rules, 1996 and if such employee requests for copy of his Service Register, it can be supplied by collecting Rs.S/- towards copying fees. Since the resignation of the petitioner uras voluntary, she forfeited not only the senuice rendered by her of the post held by her at the time of resignation but all her previous service. Finally, it is submitted that the pav protection benefit is a matter between the writ petition and the Revenue Department and respondent No.4 cannot be held liable for her failure to obtain the benefit as it was not u,ithin the purview of the 4rh respondent to ensure her pay protection and hence, he prayed to dismiss the writ petition. 9 PSKJ & NNRI Vr'P No.36513 2024

8. Learned counsel for the petitior er submitted that initially petitioner was appointed as Copyist in Judicial Department and thereafter she was promoted as Typist and subsequently in the year 20 i6, she joined in the Revenue Department as Typist in pursuance of Notification issued by the TSPSC after tendering registration to the rost of Typist in Judiciai Department and the sarne was acr:epted by the Iearned Principal District and Sessions Judge. Karimnagar vide orders bearing No.2159/ADM/DCK|2021, dated

26.03.2021 \.ith effect frorn 2O.O2.2021, as pe r Rulc 27 (a) of the Telangana Judicial Ministeria-l ald Subordinate Service Rules, 2018. Respondent No.4 having accepted the resignation of the petitioner and issued relievrng orders, he cannot deny to issue Last Pay Certificate ar.rd Service Register of the petitioner. He further submitterl that as per Fundamental Rule 22 (a) (i"), she is elig'b1e to pa). protection, which is extracted as under: "F.R.22. The initial substantive pay of a Governrnent servant r{ho rs :rppointed substantivell to a post on time-scalc of pa_v is regulated as follows: (a) If he holds a li€n on a permanent post, other t.ian a tenure post. or rvoulcl hokl a lien on such a post had his licn not been suspendcri. 10 PSKJ & NNRI WP No.3651) 2O)4 (i) to (iiii) ----- (it1 The pa), of a regular Government senant (not appointcd under emergencv provisions) u,hen appointed directl-! to anothcr post, under the Government on selection by the Telangana public Service Commission, shall be fixed in the new post at a stage uhich rs not loq,er than the pay dra$,n by him in the earlier post. Provided that if there is no stage in the pa\ scale of the ne\\, post, the pay shall be hxed in the new post at the stage next belo$,the pa-r. protecting the short fall, it any, as personal pay to be aLsr_rr Ued irr iuture rise in pay on account of grant of increment or otheru'ise: Provided further that the bene{rt shall be confined to the Covernment employees only. The emplo,yees norkrng in Central Government, Universities, Aided Institutions, etc., $ho arc appointed to the Govt. service on selection by the Telangana public Service Commission or District Selection Committee are not eligible tor the beneht provided under sub clause (iv) of this rule."

9. Learned counsei for the petitioner further submitted that respondent No.4 having addressed a letter, dated O4.07.2022 to the District Collector inlorming about submitting resignation of the petitioner, its acceptance and hling of application by her before the Hon ble Judge for handing over her Service Register to get pa) protection, respondent No.4 now cannot turn around and state that the petitioner did not obtain No Objection Certificate from the competent authority before applying the posr in TSPSC. Further, when respondent No.4 accepted petitioner's resignation, it is the duty of respondent No.4 to enter such - 11 PSKJ & NNRJ WP No 36573 2024 facts in the Service Register, then only all the benehts of past sen,ice and pay protection applies. But, Lre did not do so and kept the Service Register r.r,ith him and also did not send the Last Pay Certif-rcate to the Revenue Department, due to which the petitioner is not getting the salary, which violates Article 14 of the Constitution of India. He further submitteci thar in similar circumstances the Diriston Bench of this Court vide order dated 04.O7 .2023 allowed W.P.No.1201O of 2023 placing reliance on the udgment of the Hon'ble Supreme Court ion in Vanamala Rao,s case (supra).

10. On the other hand, learned counrsel for the respondents argued and contended that resporclent No.2 has rightl-y rejected the representation of the petitioner, dated 20.05.2024 as the petitioner has not made any application before the learned principal District ald Sessions Judge prior to making application for rhe post of Typist in TSPSC. He further submitted that the petitioner did not inform to the Head of the office while applying for the post of Typist in Group IV in TSpSC examiration and not obtained No Objection Certificate from the Judiciary, L2 PSr A ,tVR,r WP No.3651i 2024 which is a legal provision governing the recruitment process as laid down in Notihcation No.lO/2018, dated 02'06'2018' He also submits that if the employee is selected by PSC/DSC to another department, he has to submit an appiication to the concerned authority informing the facts and request to relieve him from the post working so as to enable him/her to join in the newly selected post' But' such facts should be entered in the Service Register' Then only a'li the bcnefits of past service and pay protection applies and without submitting the said documents, the petitioner filed representation, dated 20.O5 '2024 seeking pay protection and hence, he prays to dismiss the Writ Petition' I 1. Before proceeding further, it is imperative to extract Rule 26 of the A'P.Revised Pension Rule 1980 as under.

26. Forfeiture of senice on resionation :- (1) Resignation from a seruice or post entails forfeiture of past seruice Prouid-ed that a resignation' shall not entail forfeiture of past seruice if it has been submitted to toke up tuith proper perrnission, another appointment, uLhether temporary or i.r^on"nt, under the Gouernment uhere seruice quolifies' '1i1 Int.rn ption tn seruice in a case fatling under the p.rouiso to' sub-ruie (1), due to tl'Le tuo appointments being at different stations, not exceeding the ioining time permi-ssible 13 PSP & NNR] vrP No 365)3 2424 rntlss ion and that the bene ts under under the ru[es of transfer, shott be couered by grant of leaue of on.u kinL) clue to the Guuernment seruant on thL: datc of ian"io, by formal condonation to the extent to t thich the period is nol couered bg lea.ue due to him' Note 1 : ( Inder prt-tuiso to Rule 26, resignation of an appointmenl to taie up rt-tith proper permission another iipointment tt-thether perrnanent or tempor(try, ::entice' in -hi.l,, ,ourrt in fuLl or in port, is not resignatian frorn seruice' A question lut^s been raised Luhether in such case's a ,"plrorc sanction shoutd be issued indicating that resignation has been accepted und-er the aboue prot ision's' in ordir to enable the audii/ administratiue officer tc regulote the consequ. entinl beneftts tn the motter of pag frxat ton, cat-ry : tupe the foru.tord of Ieaue, pension, etc. In cases of the about cate that order acce ent tuith the emploue C LS TCSLq ninq to rctn another appolntn touiso to Rule 26 will be admissible to him Thr: contents of such order should also be nok'd in the seruice book if th. indiridual concerned und<'r pr<tper attestation. No separate order sanctioning these benefits in .such cases each tinte would be necessary' Note 2 :- A member of a seruice or seruices, uho i:: selected for appointment by direct recruitment to Gnotner post' 'cat.glrA or cla-s.s ii the same or different sentice and is opp6Ai.a to it, shall, as soon as he is appointed to the post' or clc"^-s for uhich he has been selected bg direct "ni"tlnrA reciitient, be deemed to haue resigned from the ;eruice or seruices of which he is a member prior to his appoit)ttrLent as aforesaid.' : Prouided thot nothing in this ruling sl'all offect tlhe beneJ'its accnted to such member of a seruice o' seruices in the pieuious post or posts, except the lien or probationary ight, as the co^se mag be, on such post or pos[s' L2. On a piain reading of Rule 26 of tlne ttule 1980' it is clearly evident that resignation shall not ent'ril forfeiture of past service if it has been submitted to tzLke up with proper permission. If thc resignation of an applicant is taken proper permission for another appointmerLt' whether 14 PSP & NNRJ wP No 36513 2024 permanent or temporary service in which counts in full or in part is not resignation from service. The resignation should clearly indicate that the employee is resigning to join another appointment with proper permission and that the benefits under proviso to Rule 26 wlll be admissible to him and the contents of such an order should also be noted in the Service Book of the individua-l concerned under proper attestatlon No separate order sanctioning these benefits in such cases each time would be necessary.

13. Having perused the entire pleadings, contentions and rival contentions of both the parties and relevant provrsions are extracted belou,; "Rule 26 of the Ccntral Civil Services (Pension) Rules, 1972, specihcalll' deals l\..ith the forfeiture of senice on resignation. lt outlines the conditions under which a government servant's past service may not be counted towards pension and gratuity if they resign from their position." Rule 22 (a) (iv) of the Fundamental Rules reads as: F.R.22: The initial substantial pay of a Government servant $'ho is appointed substantively to a post on time-scale of pay is regulated as follo*,s: (a) If he holds a lien on a permanent post, other than a tenure post, or &'ould hold a lien on such a post had his lien nol been suspcnded ,-_?. 15 PSA & NNR) WP No.36513 2024 (i) to (iii) (i") 'l'he pay of a regular Government servant (nor appointed under emergenc-v provisions) when appointed lirr:ctl,v to anothcr post. under the Go\,crnment on selecti )n by the Tr'langana Prtblrc Sen,ice Commission, shall be fi<erJ in the n(:w post al a stage which is not lower than the par dr.awn tx hrm in the earlier post. {Provided that if there is no stage in the pay scale of the nc\{, post, the pa}, shall be fi-xed in the ne!\' post ar the stage ncxt bck:$ the pa-\ protecting tlre short fall, if an_", as 1;ersor.ral pa)' to be absorbed in future rise in pai' on acoount cf ijrant of increment or othenf,.ise; Provided [urther that the benefit shall be conhne(l to the Govemment employees onlv. The employees rrorking in Central government, Universities, Aided lnstitutions etr:., who are appoinled to th(. Covernment Service on selectron by the Telangana Public Service Commission or Drstrict Selection Committee are not eligiblc for the benefit provided unCr:r sub- clause (iv) of this rule.l

14. It is pertinent to mention that in the present set of facts, the petitioner herein has resigned fi'c,m service of the District Judiciary AS a Typist on 2O.O2.2)2 1 and the learned Principal District and Sessions Judge vide Order, dated 26.O3.2027 has accepted her resi{Ilation w.e.f 2O.O2.2O21 as per Rule 27 (a) of the Telangrrna Judicial Ministeria-l ald Subordinate Service Rules, 11018. It is specifically stated in the said proceedings that tre petitioner 1,6 PSK] & NNR) wP No.36513 2024 has made a request before the learned principal District and Sessions Judge that as she tendered her resignation to the post of Typist in Judicial Department and she also joined duty on the same day i.e., on 20.O2.2O21 before the District Collector. Further, she also made an application to consider her case for pay protection as per F.R 22 (a) (iv) for the reason that she satisfied a_11 the conditions specihed in F.R (a) (iv).

15. During the course of arguments, learned counsel for the petitioner also submits that the case of the petitioner is very well covered b_y the order, dated O4.O2.2023, passed the Division Bench of this Court in W.p.No. I2OIO of 2023, wherein in similar circumstarrces, this Bench considered the request of the petitioner therein placing relian'ce on the judgment of Hon'ble Supreme Court in Vanamala Rao,s (supra), wherein at paragraph No.g it was held as "Therefore, the first contention of the learned Government Pleader for services may not be correct. Insofar as the second contention is concerned, the rule position is very clear. The Andhra Pradesh Fundamental Rules contain a provision in Fundamental Rule 22, as to how the initial I 1,7 PSKJ & NNR] wP No.36513 2024 substantive pay of a Government servant shoukl bc hxed on a time scale of pay, when he is appointed substantively to a post. Clause (iv) of sub rule (a) of Fundamen tirl Rule 22 reads as follou's: "The pay of a regular Government scnrart (rtot appointed under emergency provisions) when appointed directl1, to another post, under the Gor.ernment on select on by the A. P. Public Service Commission, shall be fixed in r he new post a1 a stage which is not lower than thc pay drawn by him in the earlier post. Provided that if there is no stage in the pay scah o[ the new post, the pay shall be fixed in the new post at the stilge next below the pay protecring the short fall, if ar y, rtr; ;;ersonal pay to be absorbed in future risc in pay on accolrnt of grant of increment or otherwise; Provided ftrrther that the beneht shall be confircrl to the Government employees only. The employees rr,:rking in Central Govcmment, Universities, Aided Institutions, etc., who are appointed to the Government service on selection by the Andhra Pradesh Public Service Commission or I)tstnct Selection Committee, are not eligible for the benefit provided under sub-clause (iv) of this Rule." By taking int o consideration the contenti(rn s of the petitioner therein and basing on the dictum of the Hon,ble Supreme Court, the Division Bench of this Court allowed the said Writ Petition PSKI & NNRI wP No-36513 2O24

16. It is pointed out that for the purpose of considering the pay protection of the petitioner, there are two conditions that are required to be satisfied for a person to claim the benefit of Clause (iv) of sub-rule (a) of Fundamental Rule 22. These conditions are (i) that he should be a regular Government servant not appointed under emergency provisions, ald (2) tLlat he should have been appointed directly to another post under the Government on selection by the Andhra Pradesh Public Service Commission. L7. In the present case, both these conditions are satished by the petitioner, as such this Bench is of the opinion that the provisions of F.R 22 (al r(iv) squarely applicable to the present set of facts. Hence, the impugned Endorsement vide Ref.No . A2 I lOlO / 2024, dated 1,O.O9.2024 is liable to be set aside

18. Accordingly, the Writ Petition is allowed setting aside the impugned Endorsement vide Ref.No. A2 I lOlO I 2024, dated lO .O9 .2024 , issued by respondent No.2. Respondent Nos. 2, 4 and 5 are directed to transmit 19 PSK] & NNRJ WP No.)6513 2024 necessary documents for grant of pay pro ection to the petitioner and fix the same as per Fundamental Rule 22 (a) (iv) from the date of joining of the petitioner in responclent No.2 department and release all arrears of 1>a-v and other consequential benefits arising out of the samt:, including pay fixation. There sha-Il be no order as to cosls Miscellaneous applications, if any pencling, shall also stand closed. No order as to costs SD/. T. SRINIVASA REDDY I$TANT REGISTRAR //TRUE COPY// \ ECTION OFFICER To, Karimnagar District. ' Il8ili:fal secretary (Rev Dept ) secretariat State of relansana, Buitding, 2. The District Collector, Jagityal District. 3. The Revenue Divisional Officer, Jagityal Revenue Divisicn Jagityal, 4 The Principal District and sessions Judge, Karimnagar District, Karimnagar. 5. The Registrar Administration, High Court for the State of Telangana, At 6. One CC to SRt R.ANURAG, Advocate. tOpUCl 7. Two CCs to GP FOR SERVICES l, High Court for the Stiate of Telangana. S One CC to SRt K V.RAMAN, SC FOR HtcH COURT. [OPUC] 9. Two CD Copies. Hyderabad. [ouT] BSK PVL -' -(!iE Sl I c 0 g sEP 2025 \i ... . r)cc.,_ HIGH COURT DATED:1610712025 ORDER WP.No.36513 of 2024 ALLOWING THE WRIT PETITION WITHOUT COSTS q q