K.Rekha Mani, v. the Secretary
Case brief
What is this about?
Court dismissed writ petition challenging application of Contributory Pension Scheme to pre-2004 appointees. Directing petitioners to produce evidence of continuous service without gaps.
What did the court decide?
Petitioners directed to submit applications applying Rule 17 of AP Revised Pension Rules 1980 and attach documents proving continuity of service.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION No.1736 of 2020
JUDGMENT:-
- Heard Sri P.Kameshwara Rao, learned counsel for the petitioner and Sri G.Simhadri, learned counsel for the respondent No.1.
- The petitioners have filed this petition for the following relief: “ For the reasons stated in the accompanying affidavit, it
is hereby prayed that this Hon'ble Court may be pleased to issue a writ, order or direction more in the nature of Mandamus declaring the impugned Circular Lr.No. Accts/CPS/11696/2011, dated 4-10-2012 issued by the Secretary, Gurukulam, in applying the revised Contributory Pension Scheme (NPS) to the petitioners and thereby deducting subscription towards the Revised Pension Scheme introduced in G.O.Ms.No.653, Finance, dated 22.9.2004 and G.O.Ms.No.655, Finance, dated 22.9.2004 even though the petitioners were appointed long before introduction of the New Pension Scheme and therefore the orders issued in G.O.Ms.Nos.653 and 655, Finance, dated 22.9.2004 are not applicable to the petitioners since they are working before the date of issuance of the said G.O., is as illegal, arbitrary, unjust, discriminatory and violative of Articles 14, 16 and 21 of the Constitution of India and set-aside the Circular Lr.No. Accts/CPS/11696/2011, dated 4.10.2012 issued by the Secretary, Gurukulam in so far as the petitioners are concerned and consequently hold that the petitioners are entitled for notional service with effect from the date of their appointment in their respective posts and consequently declare that the petitioners are covered under A.P. Revised
2
Issues for consideration
2 issues framed by the court
Whether Contributory Pension Scheme applies to teachers appointed before September 2004.
Whether petitioners are entitled to Old Pension Scheme benefits via Rule 17 of AP Revised Pension Rules 1980.
Parties & counsel
- petitioner
Petitioners
- respondent
Gurukulam Secretary
Coram
Ravi Nath Tilhari
Case details
As recorded by the court registry
- Court
- Andhra Pradesh HC
- Decided on
- · March
- Registered
- Case no.
- WP/1736/2020
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