Dismissed

Mohd.Zakria Ali Ansari, v. The Government ofAndhra Pradesh, represented by its

Telangana HC9 Nov 2016WP/26775/2006

Case brief

AI extract

What is this about?

The Court dismissed a writ petition challenging the withdrawal of a pension up-gradation benefit wrongly conferred on the petitioner, a retired Municipal Corporation employee, since the relevant Government Order did not cover municipal employees.

What did the court decide?

Writ petition dismissed; dismissal of the Original Application by the Tribunal affirmed.

Mohd.Zakria Ali Ansari, Vs The Government… — Pension and Retirement Benefits | Telangana HC (2016)

¶1

THE HON’BLE SRI JUSTI CE V. RAMASUBRAMANI AN AND

¶2

THE HON’BLE SRI JUSTI CE G. SHYAM PRASAD

¶3

WRI T PETI TI ON No.26775 of 2006

¶4

Betw een:

¶5

Mohd. Zakria Ali Ansari

¶6

PETITIONER

¶7

And

¶8

The Government of Andhra Pradesh, rep. by its Secretary, Municipal Administration & Urban Development Department, Secretariat, Hyderabad, and another.

¶9

RESPONSENTS

¶10

VRS,J & GSP,J. W.P.No.26775/2006

¶11

¶12

THE HON’BLE SRI JUSTI CE V. RAMASUBRAMANI AN AND THE HON’BLE SRI JUSTI CE G. SHYAM PRASAD

¶13

WRI T PETI TI ON No.26775 of 2006

¶14

ORDER: (Per Hon’ble Sri Justice V. Ramasubramanian)

¶15

The petitioner has come up with the present writ petition challenging the dismissal of his Original Application, thereby confirming an order of the Government, withdrawing the up-gradation granted to him earlier.

¶16

Heard Mr. M. Ratna Reddy, learned counsel for the petitioner and the learned Government Pleader for Municipal Administration.

¶17

The petitioner retired as a Town Planning Supervisor from the Municipal Corporation of Hyderabad. Under G.O.Ms.No.218, dated 15.06.1982, the posts of Overseers in Telangana region were upgraded to that of Supervisors with a view to remove the anomaly in the matter of recruitment in Andhra and Telangana regions. It is needless to point out that the entire combined state was divided into six regions. Persons working in Andhra region had the benefit of up-gradation, which lead to the Government Order being passed.

¶18

Mistaking the Government Order as one extending the benefit even to persons employed in the Municipal Corporation, the Corporation granted the benefits to the writ petitioner after his retirement. But thereafter, the Corporation realized that the benefit was not applicable to the employees of the Municipal Corporation. Therefore, the benefits were withdrawn by G.O.Rt.No.511, dated 11.11.2003.

¶19

As rightly pointed out by the Tribunal, the benefits were granted to remove regional imbalances. Persons working in the Municipal

¶20

VRS,J & GSP,J. W.P.No.26775/2006

¶21

¶22

Corporation were not covered by such a Government Order. Therefore, the grant of benefit was wrong and the withdrawal of the same was correct. Hence, the dismissal of the Original Application by the Tribunal cannot be found fault with. Therefore the writ petition is dismissed.

¶23

As a sequel, pending miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.

¶24

__________________________ JUSTI CE V. RAMASUBRAMANI AN

¶25

_______________________
JUSTI CE G. SHYAM PRASAD
9 th November, 2016
Js.

¶26

VRS,J & GSP,J. W.P.No.26775/2006

¶27

¶28

THE HON’BLE SRI JUSTI CE V. RAMASUBRAMANI AN AND

¶29

THE HON’BLE SRI JUSTI CE G. SHYAM PRASAD

¶30

WRI T PETI TI ON No.26775 of 2006

¶31

Date: 09-11-2016

¶32

Js.

Mohd.Zakria Ali Ansari, v. The Government ofAndhra Pradesh, represented by its

Case brief

What is this about?

What did the court decide?

Mohd.Zakria Ali Ansari, v. The Government ofAndhra Pradesh, represented by its

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Punjab National Bank, Vs Sri.G.S.Mansoor, S/o. G.S.Abdul Khadar

Punjab National Bank, Vs Drk Educational Society

State Bank of India, Vs Mohd Afroz Baig

The Central Warehousing Corporation, Vs Labala Satyanarayana

The Telangana State Road Transport Corporation Vs B.Chandra Shekar Rao

Bayanaboina Subbarayudu, S/o B.Pullaiah, Vs The State of Andhra Pradesh, rep by