IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K. MANMADHA RAO WRIT PETITION NO: 25307 OF 2020 Between: G.Govindamma, W/o. Narasimha, aged about 61 years, Occ; Employee, R/o Anjeneyaswamy Street, Ashok Nagar, Kurnool, District. Retired Kurnool ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Higher Education Department, Secretariat Buildings, Secretariat, Velagapudi, Guntur District, Andhra Pradesh. The Director of College Education, Andhra Pradesh, Velagapudi, Guntur District. The Commissioner of Collegiate Education, D.No.8-29/9, A.N.R. Towers, 0pp. Road to Toyota Show Room, Prasadampadu, Jarnmichettu Road, Vijayawada Rural-08. The Regional Joint Director of Collegiate, Kadapa. The Principal K.V.R., Womens' Degree College, Kurnool. 2. 3. 4. 5. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in not settling the pension along with the retirement benefits is bad, illegal, arbitrary, unconstitutional violation of Principles of Natural Justice, violation of Article 19 of Constitution of India and also against the Service Rules Prevailing and consequently direct the respondents to fix the pension and paid the retirement benefits to the petitioner. lA NO: 1 OF 2020 i i Petition under Section 151 CPC praying that in the circumstances ‘ stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to pay the retirement benefits to the petitioner pending disposal of the writ petition. Counsel for the Petitioner : SRI HARANADHA RAJU KATTA Counsel for the Respondents: GP FOR SERVICES III The Court made the following: ORDER 1 t’ ,r APHC010379392020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] WEDNESDAY ,THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO; 25307/2020 Between: G.govindamma, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.HARANADHA RAJU KATTA Counsel for the Respondent(S): 1.GP FOR SERVICES III The Court made the following: f 2 ORDER: This writ petition is filed under Article 226 of the Constitution of India for the following relief:- "...pleased to issue an appropriate writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in not settling the pension along with the retirement benefits is bad illegal arbitrary unconstitutional violation of Principles of Natural Justice violation of Article 19 of Constitution of India and also against the Service Rules Prevailing and consequently direct the respondents to fix the pension and paid the retirement benefits to the petitioner and to pass..." 02. The case of the petitioner is that she was appointed as part-time contingent employee at Government Degree College in Yemiganoor (Class-IV Employee), Kurnool District on 19.12.1979 and has been performing her duties as such since then. Further she was promoted as attender vide Letter Rc.No.250-01/89 on 22.10.1990. Following her promotion, she was transferred to KVR Degree Women’s College, Kurnool on 21.03.2006, where she continued her service until she reached the age of superannuation, and was retired on 31.07.2017. Upon retirement from her service, she is entitled to receive her pension along with other retirement benefits. Flowever, the respondents have failed to disburse the retirement benefits and have not yet fixed her pension. Fleard Sri K.FIaranadha Raju, learned counsel for the petitioner and learned Government Pleader for Services-lll for the respndsents. 03. On hearing, learned counsel for the petitioner submits that the petitioner has brought the issue for non-payment of pension to the notice of Commissioner of College Education of Government of Andhra Pradesh dated nil-06.2018. In response, the Commissioner of College Education forwarded a 04. 3 letter Rc.No.19/O.P.I/2018, dated 22.06.2018 to the Special Chief Secretary to Government Of Andhra Pradesh, Higher Education (CE.A1) Department wherein it is stated that “since the Regional Joint Director of Collegiate, Kadapa is the competent Authority for sanction of pension to the individual, she was directed to take immediate action for sanction of pension to Smt.G.Govindamma, retired office subordinate”. Despite such a direction from the Commissioner of Higher Education to the 3^^ respondent to issue the necessary orders for the pension sanction and other related matters, the 3 respondent has neither issued the orders nor made any pension payments to the petitioner till date. He submitted that the petitioner was appointed on 19.12.1979 and retired on 31.07.2017. The Principal of Government Degree College at Yemiganoor has recognized the service of the petitioner from 1.11.1984 instead of 19.12.1979, which has left the issue unsettled. The Government of Andhra Pradesh vide Go.Ms.No.169/ dated 18.11.2005 has categorically observed that the service of the petitioner has to be treated from 19.12.1979 to till today, as continuous and with no interruption. In view of the above, the service of the petitioner has to be counted from 19.12.1979. Even though there are specific orders for taking her service into consideration from 19.12.1979, the respondents are not initiating any action for grant of pension and other emoluments to the petitioner which is illegal and arbitrary. rd To support his submissions, the learned counsel for the petitioner has relied upon the judgment of this Court rendered in Kasi Raju and others Vs. Chief Manager, Andhra Bank in 2023 (4) ALD 489 (AP), wherein, this Court held that: “For the foregoing discussion and on perusal of the material on record and also in view of the ratio laid down by the Hon’ble Apex Court as well as this Court as stated supra, the material facts in the present lis are similar to the facts of the cses in which the ratio was laid down i.e., inclusion of temporary/ad hoc/daily wage services for entitlement of f 4 % pensionary and gratuity benefits shall be extended to the petitioners herein. Moreover, they have satisfied all the criteria for such entitlement regarding due procedure of selection for their appointment and part of the employees were already absorbed out of total 78 employees from the same selection. The petitioners herein also duly qualified and duly selected on par with them, as such the petitioners cannot be discriminated which is in violation of Articles 14 and 21 of the Constitution of India. Therefore, the petitioners are entitled for the relief prayed for ” 05. Per contra, learned Assistant Government Pleader for Services-lll filed counter and submitted that the petitioner was appointed as part time contingent employee in Government Degree College, Yemmiganoor on 19.12.1979 as attender vide proceedings Rc.No.250-01/89., dated 22.10.1990. Basing on the proposals submitted by the then Director of Collegiate Education, the Government in G.O.Ms.No.169, H.E Department, dated 18.11.2005 have accorded permission to regularize the services of the petitioner by treating her service from 19.12.1979 to till today as continues and with no interruption subject to condition that the vacancies against which regularization proposed should be a clear, regular and substantive, from a prospective date i.e, from the date of issue of the orders. Accordingly, vide D.C.E’s proceedings Rc.No.1147/0.P-l-3/2002, dated 22.03.2006, the services of the petitioner were regularized as attender with prospective effect and posted at KVR Government Degree College for women, Kurnool, where she joined duty on 22.03.2006. Thus, her service as regular employee has to be taken into consideration w.e.f. 22.03.2006 only. She retired from service on 31.07.2017 on attaining the age of superannuation. It is submitted that the Government Vide G.O.Ms.No.653 Finance (Pension-1) Department, dated 22.09.2004 has issued amendment to Andhra Pradesh Revised Pension Rules, 1980 and introduced a new contributory pension scheme based on the contributions for the employees of the State, who are newly recruited on or after 01.09.2004. As the service of the petitioner was regularized w.e.f. 5 22.03.2006 and as on the date she was not in regular service, she is eligible for contributory pension only. As the Government has rejected the request of Smt. G.Govindamma, for sanction of pension from the date of regularization of her services, vide CCE’s Proceedings Memo.No.19/OP.1/2018., dated 06.10.2018, the Regional Joint Director of Collegiate Education, Kadapa and the Principal, Government Degree College, Yemmiganur, Kurnool informed that the services rendered by the individual from 19.12.1979 to 21.03.2006 as part time contingent does not count from qualifying under A.P. Revised Pension Rules, 1980 and her request for sanction of pension is not feasible of compliance. was service 06. Perused the material available on record. 07. On verifying the proceeding sheet, on 09.05.2025, when the matter came up for hearing, this Court has passed the following order: “..the respondents are directed to pay gratuity and PF to the petitioner within a period of four weeks from the date of receipt of copy of the order” It is an admitted fact that the petitioner has appointed as part-time Contingent Employee at Government Degree College in Yemiganoor (Class- IV Employee), Kurnool District on 19.12.1979 and she was promoted on 22.10.1990 vide Letter Rc.NO.250-01/89. Further she transferred to KVR Degre Women’s College, Kurnool on 21.03.2006 until she reached the age of superannuation, she continued her services and retired on 31.07.2017. Further on a perusal of the proposals submitted by the then Director of Collegiate Education, the Government in G.O.Ms.No.169, FI.E Department, dated 18.11.2005 have accorded permission to regularize the services of the petitioner by treating her service from 19.12.1979 to till today as continues and with no interruption subject to condition that the vacanciesagainstwhich regularization proposed should be a clear, regular and substantive, from a 08. J i 6 prospective date i.e, from the date of issue of the orders. Accordingly, vide D.C.E’s proceedings Rc.No.1147/O.P-l-3/2002, dated 22.03.2006, the services of the petitioner were regularized as attender with prospective effect and posted at KVR Government Degree College for women, Kurnool, where she joined duty on 22.03.2006 and as on the date she was not in regular service, she is eligible for contributory pension only. The terminal benefits are not bounties which are given to the employees and the terminal benefits are in fact payable on account of rendering services by the employee during the entire period of service of such employee with the employer. Hence, monetary benefits have been held by the Hon’ble Supreme Court as property and which cannot be taken away without following the process of law. Considering the submissions of both the learned counsels and by following the judgment of this Court in Kasi Raju’s case (supra), this Court is inclined to dispose of the writ petition while declaring the action of the respondents as illegal. Accordingly, this Writ Petition is disposed of directing the respondent authorities to include the temporary service of the petitioner prior to her absorption into service for the purpose of pensionary benefits and for gratuity within a period of six months from the date of receipt of copy of this Order. There shall be no order as to costs. 9. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- K TATA RAO deputy registrar ^SEC^N OFFICER //TRUE COPY// ^radeshtlcStaTafBuildings^ lecSariStWap "4, Guntur District. Pradesh, Velagapudi, To 1. Andhra Pradesh. of College Education, Andhra 2 The • Director Guntur District. R%ad°' tS°"fo^ora |;;Sw °"Room''° p'rasadampadu: Jarnmichettu Road, Vijayawada Rural-08. 4. The Regional Joint Director of Collegiate, Kadapa. 5. The Principal K.V.R., Womens' Degree College, Kurnool. 6. One CC to Sri Haranadha Raju Katta, Advocate [OPUC] 7. Two CCs to GP for Services III, High Court of Andhra Pradesh. [OUT] 8. Three C.D. Copies. Cnr m \ HIGH COURT DATED:22/01/2025 ORDER WP.No.25307 of 2020 ANOhS^ ^ 1 5 MAR 2025 Current Section m C9 DISPOSING OF THE W.P. WITHOUT COSTS