G.Ramesh Vs The State of Telangana

¶1

[³³⁰¹ l

¶2

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

¶3

WEDNESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX

¶4

PRESENT

¶5

THE HONOURABLE SRI JUSTICE PULLA^KARTHIK

¶6

WRIT PETITION NO: 40390 OF 2025

¶7

Between

¶8

G.Ramesh, S/o: Narsaiah, Aged about 52^{years, Occ: GovernmentService,} Working as Technical Officer, O/o Executive Engineer,^{Division No.7 Quality} Control-and lnpection, LMD Colony, Karimnagar^{TelanganaState.}

¶9

...PETITIONER

¶10

AND

¶11

1 The State of Telangana, Rep. by its Principal Secretary^{lrrigation.and CAD} Department, Dr.B.R.Ambedkar Telangana^{Secretariat,Hyderabad.}

¶12

The State of Telangana,, Rep. by its Principal Secretary,^{Finance Department,} Dr. B. R.Ambed kar Telangana Secretariat,^Hyderabad

¶13

The Engineer-in-Chief^{(Admn),, lrrigation and CAD Department,Stateof} Telangana, Erramanzil, Hyderabad.

¶14

4.^.The Engineer-in-Chief, lrrigation,, LMD^{Colony,Karimnagar.}

¶15

The Chief Engineer,, Quality Control^{and lnspection, Jalsoudha,Errum} [/anzil, Hyderabad

¶16

The Additional Secretary to Government^{of lndia,, Ministry of Personnel,} Public Grievances and Pensions, Department of^{pension and Pensioner's} welfare, Lok Nayak Bhavan, Khan Market,^NewDelhi

¶17

...RESPONDENTS

¶18

Petition undei=Artiele-226 of the Constitution of lndia^praying that-lh the cir_qgmstqnq_s_ -gleteo _iIl!:'e_g[l9e1,t f{"d llelgwith, l|,e_Iig!t Co_utrt may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus,-declaring the inaction of the respondents 1 to 5 in implementing the guidelines of the official Memorandum No.57tO412019-Pand PW(B) dated 17.02.2020 and Memorandum No.57 tOSlzO21-P and PW(B)dated 03.03.2023 of the sth reifonoent, when adopted and implemented the Government of lndia's New Pension Scheme, as arbitrary, illegal and violative of

¶19

Articles 14, 16, 19, 21 and 300-4 of the Constitution of lndia and direct Respondents 1 to 5 to seek options as a onetime measure from the petitioner and consequently direct the respondents to take further steps accordingly and make applicability of the relevant pension rules to the petitioner as opted by him, with all consequential benefits and to grant

¶20

lA NO: 1 OF 2025

¶21

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 directing the respondents 1 to 5 to seek options as a onetime measure from the petitioner and consequently direct the respondents to take further steps accordingly and make applicability of the relevant pension rules to the petitioner as opted by him, with all consequential benefits and to grant

¶22

Counsel for the Petitioner: SRI S. SRINATH RAO

¶23

Counsel for the Respondent Nos.1,3 to 5: GP FOR SERVICES-I

¶24

Counsel for the Respondent Nos.2 and 6: GP FOR SERVTES-|||

¶25

The Court made the following: ORDER

¶26

IN THE^{HIGH COURTFOR THE STATE OF TELANGANA} AT

¶27

THE HON'BLE^{SRI JUSTICE PULLAI(ARTHIK}

Between:

Petitioner

G. Ramesh

AND

The State^{of Telangana' ReP' bY its} Principal^{s""'"tlf?Jttig"tio"& CAD Department'} ilrfiH.^{n*U.af.# TelaiganaSecretariat,} Hyderabad^{& (5) others}

¶33

ResPondents

¶34

ORDER:

¶35

withtheconsentoftheparties,thewritPetitionis he stage^{of admission itself'} disposed^{of at tl}

¶36

of the^{resPondents in} 2l Questioning^theinaction implementing^{theguidelines} 1n the Officia1^Memorandum No.57 l04l2O19-P^{& PW (B) dated 17 'O2'2A20and Memorandum} No.57l05 l2O2t'P^{&PW(B) dated 03'03'2023issued by} respond'entNo.Sandconsequenflytodirecttherespondentsto takefurtherstepsandmakeapplicabilityoftheoldPension

¶37

2

¶38

I I I

¶39

scheme to the petitioner with all consequentiar benefits, the present Writ petition is filed

¶40

Heard Sri S.Srinath Rao, learned. counsel for the petitioner, rearned Governinent pleader for services_I appea-ring for respondent Nos' 1, 3 to 5, and learned Government pleader for Services_Ill appearing for respondent Nos.2 and 6.

¶41

Learned counsel for the petitioner submits that in pursuance to the notification dated 1g.o 7.7ggg, inviting applications from the eligible displaced persons, as per the scheme contemprated in G.o.Ms.No.gg, Irrigatiron (p.w) Dept., dated 1s'04.1986, for firing 27 posts in various categories, the petitioner had appeared for the examination conducted on 3l 'o7 '2ooo by the Administrator-cum-chief Engineer, sRsp, Dharoor camp, Jagtial, Karimnagar District, and got selected as Technical Assistant (Tracer) vide proceedings date d, o2.o4.200s. Learned counsel contends though the examination.was held in the year 2ooo, the respondents took their own time and issued the appointment order in April, 2005 i.e. after implernentation of

¶42

\ \

¶43

3

¶44

New Pension scheme by the Government of India and adopted by the state Government. l,earned counsel further submits that as per the clarification issued by the Government of India vide Memorandum No.57l04/2oL9-P & Pw (B) dated rr.o2.2o22, the old pension scheme has to be applied in case of candidates, who were selected prior to 01.01.2004 but their appointments were got delayed due to administrative reasons. Further, in similar circumstances the Division Bench of this court in w.P.No.22599 of 2023 & batch has passed common order dated 19.03.2025 declaring that the employees, whose selection process was commenced prior to oL.og.2oo4 as against the vacancies arising prior to 3l.r2.2oog, are entitled for old pension scheme. Therefore, the learned counsel contends that the petitioner is entitled for old pension scheme. Learned counsel further submits that petitioner is willing to make a suitable and detailed representation before the authorities and prays this Court to direct the respondents to consid.er the said representation and extend the benefit of old pension scheme to the petitioner, in the right of the common order dated

¶45

/

¶46

4

¶47

19.03.2025 passed by the Division Bench of this Court in W.P. No.22599 of 2023 & batch, within a stipulated time.

¶48

Learned Government Pleaders submit that if the petitioner submits any such representation, the same will be considered by the respondents and appropriate orders will be passed, strictly in accordance with law.

¶49

Having regard to the above made submissions, without going into the merits of the case, the Writ Petition is disposed of permitting the petitioner to make a suitable representation before the respondents narrating all the facts, within a period of ten days from the date of receipt of a copy of this order. On receipt of such representation, the^{respondents shall consider} the same in the light of the^{common order dated 19.03.2025} passed by the Division^{Bench of this court in w.P. No.22599 of} 2023 & batch,^{and pass appropriate orders,as expeditiouslyas} possible, preferably,^{within a period of sk weeks thereof.}

¶50

\ \

¶51

5

¶52

Miscellaneous petitions pending, if arly, in this writ

¶53

petition shall stand closed. No costs.

¶54

SD/-A. SRINIVASA REDDY ISTANT REGI

¶55

//TRUE COPY/

¶56

SECTION OFFICER

¶57

1. The Principal Secretary, The State of Tela ation and CAD Department, Dr.B.R.Ambedkar Telangana riat, Hyderabad

¶58

To,-

¶59

The Principal Secretary, The State of Telangana,, Finance^Department, Dr.B.R.Ambedkar Telangana Secretariat, Hyderabad

¶60

/

¶61

The Engineer-in-Chief^(Admn),, lrrigation and CAD^{Department, State of} Telanga na, Erramanzil, Hyderabad.

¶62

The Engineer-in-Chief, lrrigation,, LMD Colony, Karimnagar.

¶63

The Chief Engineer,, Quality Control and^{lnspection, Jalsoudha,Errum} Manzil, Hyderabad.

¶64

I

¶65

The Additional Secretary to Government of lndia,, Ministry^{of Personnel,} Public Grievances and Pensions, Department of^{pensionand Pensioner's} welfare, Lok Nayak Bhavan, Khan tvlbrket, New^Delhi.

¶66