Allowed

Ahmed Moinuddin v. Prl.Secretary ( Stamps and Regi) and 2 Others

Telangana HC18 Nov 2023WP/24647/2017

Case brief

AI extract

What is this about?

Petitioner sought a declaration that his temporary service rendered from 1978 to 1979 should be counted for pension computation. The Court, relying on Tribunal orders for similarly situated employees and Rule 13 of the Pension Rules, directed respondents to count the temporary service within eight weeks.

What did the court decide?

Petition allowed; respondents directed to count temporary service from 02.05.1978 to 25.05.1979 for pension computation within eight weeks.

Ahmed Moinuddin Vs Prl.Secretary ( Stamps… — Pension and Retirement Benefits | Telangana HC (2023)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYOERABAD ,^,, (Special Original Jurisdiction)

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SATURDAY ,THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE td

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PRESENT l{

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THE HONOURABLE SRI JUSTICE LAXMI NARAYANA ALTSHETTY

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hh,r r=r,r,oN No: 24647 oF 2o1r

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Between:

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Ahmed Moinudd n S/o. Md.Fathaulla Quraishi, Aged about 65 years, Occ retired as Senior Assislant in the office of District Registrar,^.Nizamabad. R/o. Nizamabad. i

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...PETITIONER

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AND

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The State of Tdlangana, Rep. by its Principal Secretary to Govemrnent, Revenue Department, Secretariat, Hyderabad.

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The lnspector General of Registration &, Stamps, State of Telangana, Nampally, Hyderabad.

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The Accounts General, The State ofTelangana, Saifabad, Hyderabad.

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...RESPoNDENTS I i

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Petition under Artlcle 226 of the Constitution of lndia praying that in the circumstances stateO lifl the affidavit filed therewith, the High Court may be pleased to issue ,n orLtr. or direction or an appropriate writ more particularly in the nature of writ of mhndamus declaring that the petitioner herein is entitled for counting of temporary sdrvice as Section Officer from O2.O5.1g78 to 25.05.1979 for the purpose of computing the qualifying service for sanction of pension and pensionary benefits in view of the orders by the Hon'ble Andhra Pradesh Administrative Tribunal virle order dated 26.02.1993 in O.A. No. 1386/1 992 and vide order dated 12.09.'1997 in O.A. No. 5090/1995, which have became final and the same were implemented by the respondents therein and also in view of the provisions of the Andhra Pradesh Revised Pension Rules, 1980, and consequently direct the respondents to count the temporary service rendered by the applicant in the category of Temporary Section Writer from 02.05.1978 to 25.05.1979 for the purpose of computing the qualifying service for sanction of

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f, pension and conseq Uently the pension and pensionary benefits already sanctioned be revised {"iih rlt "ons"quential benefits and

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l.A. NO: 1 OF 2017(WPMP. NO: 30519 OF 2017)

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Petition under Section^'l 51 CPC praying that in the circumstances stated in the affidavit filed in lupport of the petition, the High Court may be pleased to direct the respondents I t to take immediate action to get the^pension and pensionary benefits be revised and pass such order or other orders as this Hon'ble court may deem 1 fit and proper in the circumstances of the case.

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Counsel for the PetitiJn6r: Smt. K. PALLAVI

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Counsel for the Res ents: GP FOR SERVICES ll ,JJ The Court made the toL[,,ring, ORDER la I l, I I l I I I I

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I ,i ,l

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HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHET"IY

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WRIT PETITION No.24547 of 2Ol7

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ORDER:

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The present writ petition is hled seeking declaration that the petitioner is entitled for counting of temporary service as Section Oflicer from 02.05.1978 to 25.05. 1979 for the purpose of computing the qualifying service for sanction of pension and pensionary benehts in the light of the orders of Andhra Pradesh Appellate Tribunal (for short "Tribunal") in O.A.No. 1386 of 7992 and O.A.No.5090 of 1995, dated 26.O2.t993 and 12.09.1992 respectively.

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2- Heard Smt.K.Pallavi, learned counsel for the petitioner and learned Assistant Government Pleader for Services-lI.

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Brief facts of the case are that petitioner was initially appointed as temporary Section Writer on O2.05. 1978 and continued till 22.O7.1993 and his services were regularized and probation was declared in the cadre w.e.f. 26.05. 1979. However, the Accountant General has taken into account his services in the category of temporary Section Writer w.e.f. 26.05.1979 vid,e proceedings, dated 30.08.2O08. Subsequently, the petitioner promoted as Junior Assistant on 23.O7.1993 and was further

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promoted as Senior Assistant on Oi.09.2002 zrnd had retired from service on 31.08.2008 on attaining the age of superannuation.

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The petitioner made several represen[ations to the respondents requesting them to count his temporary service rendered by petitioner from 02.O5. i978 to 25.05.1979, which was subsequently regularized for the purpose of computing pension and pensionary benefits. However, respondents did not take any action on the said representations.

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In similar circumstances, the Tribunal passed orders in O.A.No.I386 of 1992 and O.A.No.5090 of 1995, dated 26.O2.1q93 & 12.O9.1997 respectively, declaring the temporary service followed by regular service would also cotrnt for the purpose of computing the qualifying service for sanction ol pension benehts. The said orders have been implcmented by the respondents and have given beneht of computing the temporary service for sanction of pension to the applicant therein. However, the respondents did not consider the representation of the petitioner. Therefore, present writ^petitioner is filed.

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During the course of hearing, learned counsel for the petitioner relerred to Rule 13 of the Revised ['ension Rules,

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1980, as per which, quali[uing service ol a Government servant shall commence from the date he takes charge of the post to which he is Iirst appointed either substantively or in an officiating or temporary capacity.

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7 . The said Rule 13 squarely applies to the petirioner herein, but the respondents are not considering the same. Further, she submitted that the orders passed in O.A.No. l3g6 of 1992 and O.A.No.5090 of 1995 by the Tribunal squarely applies to the present case, which were a.lso implemented by the respondents, but, the same pension benefits have not been extended to the petitioner herein. Learned counsel for the petitioner further submitted that the respondents promoted similarly situated employees, however, the request of the petitioner was not been considered, which is discriminatory. The petitioner submitted representation on 2O.Og.2O0g and made a reminder on 05.02.2O09. But, the respondents have not taken any action on the said representation. Therefore, the petitioner is entitled to the relief sought in the writ petition.

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No counter has been filed on behalf of the respondents. Learned Government Pleader for Services-ll fairly submitted that Rule 13 of Revised pension Rules, lggO also applies ro the present case

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[n O.S.No.1386 of 1992, the applicant u.as initially appoin ted :rs Copyist in the erstwhile State of Hyderabad in the year 1949, but with formation of State of Andhra Pradesh, he was allotted to A.P. w.e.f. O1.11.1956. Later, the post of Copyist was re-designated as Section Writer w.e.f. 22.05.1962. He was further promoted as Junior Assistant on 21.08.1978 and retired from service on 30.1 1.1988 on attaining the age of superannuation. His pensionary benefits were settlt:d counting the service from 21.O8. 1978 the date on which he was promoted as Junior Assistant, ignoring the earlier sewice as Copyist and Section Writer.

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1O. The Tribunal, on due consideration of the material available on record, held that since the applicant was appointed in the time scale to the post of Copyist and later said post was re-designated as temporary Section Writer and he was absorbed in the scheme and throughout his service, he was working in time scale applicable to Government employees. The entire service rendered by the applicant from the date of his appointment as Copyist till date of his superannuation^be considered for the purpose of computing qualifying service^for sanction of the pension and directed the respondents to treat

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the service rendered by the applicant from the date of his appointment as Copyist in the time scale as evident from the entries in the service register till the date of his retirement, on attaining the age of superannuation be reckoned as service, excluding the breaks if any in service and determine the pen sionary benefi ts accordingly.

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ll. Considering the factual background and also orders passed in O.A.No.1386 of 1992 and O.A.No.5O9O of 1995 by the Tribunal as well as Rule 13 of Revised pension Rules, 19g0, this Court is of the considered view that the petitioner is similarty situated as that of applicants in O.A. 13g6 of 1992 and, O.A.No.SO9O of 1995 and is entitled to the benelits extended to the applicants in the above said O.A,s.

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In the light of above factual background, discussions and Rule 13 of Revised pension Rules, 19gO, the writ petition is disposed of, directing the respondents to consider the request of petitioner to count temporary service rendered by the petitioner as temporary Section Writer from O2.OS.l97g to 25.05. l9T9 for the purpose of computing the qualiffing service for sanction o[ pension and pensionary benehts within in a period of eight (Og) weeks from the receipt of copy of this order. There shall be no order as to costs.

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