1 APHC010395952019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY ,THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 19064/2019 Between: Smt. K. Swaroopa, ...PETITIONER AND Srikrishna Devaraya University and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. P V KRISHNAIAH Counsel for the Respondent(S): 1. GP FOR SERVICES I 2. GUJJARLAPUDI RAJU (GP FOR SERVICES I)) 3. RAMAKRISHNA PRATIWADASC FOR SKU The Court made the following: 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 19064/2019 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: “…to grant appropriate relief more in the nature of Writ of Mandamus under Article 226 of the Constitution of India declaring the action of the Respondents in paying only 60 percent anticipatory pension to the Petitioner by Proceedings No. SKU/S&IB/N.T.Pension/2014 dated 12.05.2014 issued by the 1st Respondent and continuing It same instead of reviewing by paying 100 percent pension along with retirement benefits to the Petitioner as being arbitrary, illegal, discriminatory, malafide unconstitutional violating Articles 14, 16 and 21 of the Constitution of India and issue consequential direction directing the Respondents to forthwith pay and continue to pay full pension including 111 terminal benefits instead of 60 percent of anticipatory pension which is being paid by Proceedings No. SKU/S&IB/N.T.Pension/2014 dated 12.05.2014 issued by the 1st Respondent and pass…” 2. Heard Sri P.V.Krishnaiah, learned Counsel for the Petitioner and the learned Assistant Government Pleader for Services-I for the respondents. 3. Learned Counsel for the petitioner would submit that initially the petitioner was appointed as a Lower Division Clerk in Sri Venkateshwara University, Tirupati and later joined in S.K.University, Anantapur on 11.08.1980 and rose up to the level to the post of Assistant Registrar and retired as such on 31.08.2009. Learned Counsel would further submit that though there are no departmental proceedings or criminal proceedings pending against her, she is only getting 60% anticipatory pension till this day. 3 4. Learned Assistant Government Pleader for the respondents would submit that the petitioner initially worked as L.D.C in S.V.University, Tirupati and later she was appointed as L.D.Clerk in S.K.University, Anantapur on 11.08.1980 under the specific conditions that (i) she should not claim any seniority in the cadre of LDC clerk in the institution; (ii) she should not ask for any higher start in the scale of pay basing on the service put in by her in the S.V.University, Tirupati; (iii) she must give an undertaking to this effect to the center at the time of joining. In pursuance to the above said conditions, the petitioner joined as L.D.Clerk in S.K.University, Anantapur as a fresh candidate. She reached to the level of Assistant Registrar. Learned Assistant Government Pleader would further submit that after her retirement, she approached the Executive Council and made a representation seeking restoration of her seniority and pay protection for her past services rendered in S.V.University, Tirupati. The Executive Council vide resolution No. 119- 2290(B4) dated 18.09.2009 considered her request and the pension proposals were prepared basing on the revised pay in the cadre of Deputy Registrar and sent to the District Audit Officer, Anantapur for scrutiny and authorization. But, the District Audit Officer verified the same and raised some objections. Learned Assistant Government Pleader would further submit that Seniority once fixed cannot be altered in defiance of the rules. In view of the objections raised by the Audit Department and not certified her pension fixation made by the University and basing on the request made by the petitioner, the University 4 sanctioned anticipatory pension and gratuity as per pension rules. Learned Assistant Government Pleader finally prays for dismissal of the petition. 5. Considering the submissions made and a fair look at the material placed on record, as rightly put by the learned Assistant Government Pleader, there is no dispute that the petitioner fully aware of the conditions prescribed at the time of her appointment, joined as L.D.Clerk in S.K.University, Anantapur as a fresh candidate on 11.08.1980. Thereafter, she got promoted several times and retired in the cadre of Assistant Registrar. After her retirement, she approached the Executive Council and made a representation seeking restoration of her seniority and pay protection for her past services rendered in S.V.University, Tirupati. The Executive Council vide resolution No. 119-2290(B4) dated 18.09.2009 considered her request and the pension proposals were prepared basing on the revised pay in the cadre of Deputy Registrar and sent to the District Audit Officer, Anantapur for scrutiny and authorization. The Audit Department has rightly raised objections stating that Seniority once fixed cannot be altered on the grounds of the violation of the rules. If any difficulty in applying the Government Rules for fixating the seniority, the matter shall be referred to the Government. In view of the same, there is no force in the contention of the petitioner, that the pensionery benefits are stalled without assigning any reasons. 7. In the result, the Writ Petition is dismissed. No order as to costs. 5 Pending applications, if any, shall stand closed. ____________________________________ Dr. VENKATA JYOTHIRMAI PRATAPA, J Date: 26.03.2025 UPS 6 493 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.19064 of 2019 Dated.26.03.2025 UPS