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I APHC010709222022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) S;*S ^77 MONDAY,THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION Nos.41889. 16062, 16067. 18472, 24745, 27897 & 27933 OF 2022 WRIT PETITION NO: 41889 OF 2022 Between;
1. I.Suryanarayana Murthy, S/o. I.Bhavani Sankaram, aged 77 years, Retired JAO (ID No.6502196), AP Genco, R/o.H.No.54-14/8-72, Akita Apartment No.6, Thimmarusu Street, Srinagar Colony Ring Road, Vijayawada - 520 006. 2. Madipalli Venkateswara Rao, S/o.M.Satyanarayana, aged 71 Retired SE (ID No.6502787) Enclave, 6th Phase, KPHB Colony, Kukatpally, Hyderabad - 500 085. 3. Mohammed Vaheedulla, S/o.Mohammed Abdul Raheem, years, Retired SE (ID No.6502366), A.P. Genco., R/o.H.No.7-558, Sunkara Venkaiah Street, Vuyyuru - 521 165, Krishna District. 4. Kanakamedala Koteswara Rao, S/o.Sambaiah, aged 79 years. Retired AAE (ID No.6502149), ' R/o.Plot No.86, Vishnupuram Colony, Poranki, Vijayawada - 521 137. 5. K.V.V.K.Durga Prasada Rao. S/o. K.Subrahmanyam, aged 78 years. Retired DE (ID No.03000317), A.P.Transco., R/o.Flat No.F-B5, Minerva Apartment, Venkataratnapuam, Kakinada - 533 003. E.G. District. years, AP Genco, R/o.Flat No.402, Lotus aged 77 ...PETITIONERS AND
2^
1. The State of Andhra Pradesh, represented by its Special Chief Secretary, Finance (HR-lll-PENSION,GPF) Department, Secretariat, Amaravathi. 2. A.P.Power Generation Corporation Limited, represented by its Managing Director, Vidyuth Soudha, Gunadala Vijayawada - 520 004. 3. Transmission Corporation of Andhra Pradesh, represented by its Chairman and Managing Director, Vidyuth Soudha, Gunadala Road, Vijayawada - 520 004.
Eluru Road, Eluru ...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 declare the G.O.Ms.No.30, Finance (HR-lll-Pension,GPF ) Department, dated 20-02-2022 of the 1st Respondent to the extent of reducing the Additional Quantum of Pension from 10 to 7% and 15 to 12% and also to the extent of giving effect of the same on completion of 70/75 years instead of commencement of 70/75 years and as adopted by the 2 Respondent by its G.O.O.No.32/CGM(Adm.lS & ERP) 2022, 27-05-2022 and O'"' Respondent by its T.O.O.(Addl.Secy-Per) M.S.No.2373, dated 23-02-2022 and further consequential recovery of Additional Quantum of Pension paid from 01-04-2020 as per the annexure appended to the W.P. as illegal, arbitrary and violative of Article 14 and 16 of the Constitution of nd dated India by issuing appropriate writ, order or direction more particularly in the nature of Mandamus and consequently direct the 2 nd and 3"^ Respondents to pay Additional Quantum of Pension @ 10% or 15% as the case may be and also direct to refund of Additional Quantum of Pension recovered from the petitioners with interest @ 9% p.a.
lA NO:
1 OF 2022 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
3 suspend G.O.Ms.No.SO, Finance (HR-lll-Pension, GPF) Department, dated 20-02-2022 of the 1®* Respondent to the extent of reducing the Additional Quantum of Pension from 10% to 7% and 15% to 12% and also to the extent of giving effect of the same on completion of 70/75 years instead of commencement of 70/75 years and as adopted by 2^^ Respondent by its G.O.O.No.32/CGM(Adm.lS and ERP) 2022, dated 27-052022 and 3 Respondent by its T.O.O.(Addl.Ssecy-Per) M.S.No.2373, dated 23-02-2022 and consequently direct the 2"^^ and O'"* Respondents to pay Additional Quantum of Pension @ 10% or 15% as the case may be to the petitioners pending disposal of the above writ petition.
rd Counsel for the Petitioners: SRI K. RAMA SUBBA RAO Counsel for the Respondent No.1 :GP FOR SERVICES I Counsel for the Respondent No.2: SRI NAGARAJU NAGURU, STANDING COUNSEL FOR APGENCO Counsel for the Respondent No.3:SRI V. V. SATISH (SC for APEPDCL)
APHC010271912022 WRIT PETITION NO: 16062 OF 2022 Between: l.Palvadi Lokeswara Venkata Varaprasad S/o. Satyanarayana Aged 76 years. Retired C.E, in AP TI^ANSCO R/o. Raj amahendravaram East Godavari District. Aadhar No.444560967889 2.Dhulipudi Veerabhadra Rao S/o. Surya Rao, Aged 73 years. Retired JAO, in AP TRANS CO R/o. Rajamahendravaram East Godavari District. Aadhar No.447088960066 S.Jyosyula Sree Ramachandra Murty S/o.Atchaiah Aged 72 years- Retired A.D.E, in AP TRANSCO R/o. Rajamahendravaram East Godavari District. Aadhar No. 843013495965
4. Gamidi Suryanarayanamurty, S/o. Sathiraj Aged 72 years. Retired D.E., in AP TRANSCO R/o. Rajamahendravaram East Godavari District. Aadhar No. .709003773029 u
5. Pinapathruni Venkatarao S/o. Venlcata Swamy, Aged 76 years. Retired C.F.D, in AP TRANSCO R/o. Rajamahendravaram East Godavari District. Aadhar No.929343039637. 6. Smt. Guthula Savithri W/o. Satyanarayana, Aged 72 years. Retired F.P. in AP TRANSCO R/o. Rajamahendravaram East Godavari District. Aadhar No. 813259134241
7. Chintha Srilcrishna Sastry S/o. Venkatesv/arl Aged 77 years. Retired A.E.E., in AP TRANSCO R/o. Rajamahendravaram East Godavari District. Aadhar No. 252561994789 u.
8. Pingala Bhaskara Rao S/o.Venkataraj Aged72 years. Retired AAO in AP TRANSCO R/o. Rajamahendravaram East Godavari District. Aadhar No. 865888873393 u
5^ 17
9. Gollakoti Surya Bhaskara Rao S/o. Suryanarayana Murty, Aged 76 years. Retired A.D.E in AP TRANSCO R/o.’ Rajamahendravaram East Godavari District. AadharNo. 374396457018 10.Surubhotla Krishna Murty 8/o. Manga Rao Aged 77 years, Retired A.A.O, in AP TRANSCO R/o. Rajamahendravaram East Godavari District. Aadhar No.866342390419
11. Koka Veera Venkata Satya suryanarayana S/o. Veerabhadra Rao Aged 72 years, Retd AAE, in AP TRANSCO, R/o. Rajamahendravaram East Godavari District. Aadhar No.817738324890 12.Pilli Venlcata Satyanarayana S/o. Bhaskara Rao Aged 76 years. Retd A.D.E. in AP TRANSCO, R/o. Rajamahendravaram East Godavari District. Aadhar No.995997200202
13. Kandukuri Peravadhanulu SoLakshmi Narasimham Aged 75 years. Retd A.A.O, in AP TRANSCO, R/o. Rajamahendravaram East Godavari District. Aadhar No.67096145793 M.Guttina Venkata Subbaraya Sastry S/o. Venkatarao Aged 75 years. Retd UDC, in AP TRANSCO, R/o. Rajamahendravaram East Godavari District. Aadhar No.842905741926 15.Rokkala Prasada Rao S/o.Jhon Aged 75 years. Retd S.E in AP TRANSCO, R/o. Rajamahendravaram East Godavari District. Aadhar No.844766500737
16. Puppala Nagesvvara Rao S/o.Surya Rao Aged 80 years. Retd S.E, in AP TRANSCO, R/o. Rajamahendravaram East Godavari District. Aadhar No.873224950230
17.
Aluru Kondala Rao S/o.Ramakoteswara Rao Sarma Aged 73 years. Retd JAO, in AP TRANSCO, R/o. Vijayawada, NTR District. Aadhar No.470999429096
(o 18 IS.Chappindi Sudhakara Reddy S/o.Nagireddy Aged 72 years. Retd SCF, in AP TRANSCO R/o. Vijayawada, NTR District. Aadhar No.817904881482
19. Pasupuleti Ananda Rao S/o.Baburao Aged 74 years. Retd A.O, in AP TRANSCO, R/o. Vijayawada, NTR District. Aadhar No.77553 1215130. 20. Paila Subbarayudu S/o.Muneiah Aged 72 years. Retd FM Gr.l, in AP TRANSCO, R/o. Vijayawada, NTR District. Aadhar No.323009761377 21.Nookala Lakshmi Narayana S/o.Subbaiah Aged 73 years. Retd Syrung, in AP TRANSCO, R/o. Vijayawada, NTR District. Aadhar No.929548936975
22. Syed Surajuddin S/o. Rahimuddin Aged 72 years. Retd A.A.E, in AP TRANSCO, R/o. Vijayawada, NTR District. Aadhar No.879616503502.. 23. Gollapudi Ramalinga Sastry S/oYallaiah Aged 74 years. Retd A.A.E, in AP TRANSCO R/o. Vijayawada, NTR District. Aadhar No. 879616503502
24. Samudrala Pulla Rao S/o.Guravaiah Aged 78 years. Retd A.D.E, in AP TRANSCO, R/o. Vijayawada, NTR District. Aadhar No.249099912485
25. Burla Venkatanarayana S/o.China Venlcatareddy Aged 78 years. Retd A.A.E, in AP TRANSCO, R/o. Vijayawada, NTR District. Aadhar No.400295 121760
26. Kesavapillai GOpalan S/o.Kesavapillai Aged 77 years. Retd syrung, in AP TRANSCO, R/o. Vijayawada, NTR District. Aadhar No.214886363187
27. Chacko Pappachan S/o. Chacko Aged 77 years. Retd Syrung, in AP TRANSCO, R/o. Vijayawada, NTR District. Aadhar No.760252616401 Petitioners
19 0 - AND
1. Transmission Corporation of A.P. LTD, rep. by Its Chairman & Managing Director, Coiporate Office, Vidyutsoudha, Gunadala, Vijayawada. 2. The Superintending Engineer, Operation & Maintenance Circle, Bommuru, Rajamahendravaram (PO) East Godavari District 533101. 3. The Superintending Engineer, Operation & Maintenance Circle, Vidyutsoudha, Gunadala, Vijayawada, NTR District. 4. The Chief Secretary to Government of Andhra Pradesh, AP Secretariat building, Velagapudi, Amaravathi. 5. Principal Secretary to Government (Energy) A.P Secretariat Buildings , Velagapudi ....
Respondents
8 # Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed there\A/ith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus under Article 226 of Constitution of India by declaring that the impugned G.O.M.S No. 30 dt 20-02-2022 issued by the Government and its corresponding T.0.0 M.S No. 2373 dt 23-02-2022 issued by the 2 respondent herein which reduced the Additional quantum of pension from 10% to 7% in respect of service pensioners/Family pensioners of the age group of 70 to 75 years and from 15% to 12% in respect of age group of 75 to 80 years of pensioners with retrospective effect from dt 01-04-2020 and recovered the excess amount as unreasonable, unfair, arbitrary and not supported by any statute , Law or Rule made by the State Legislature and thus consequently set aside the same and by restoring the Additional quantum of pension as stated in G.O.M.S.NO. 6 dt. 12-01-2019 in the interest of justice and to grant any such other or further reliefs as may be deemed fit and proper under the circumstances of the case. nd lA NO:
1 OF 2022 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 pass an interim order by suspending the operation of G.O.M.S. No. 30 dt ' 20-02-2022 and its corresponding T.O.O. M.S No. 2373 dt 23-02-2022 by directing the and 3'^^ respondents to refund the amounts already recovered from the petitioners, retired employees, immediately, or otherwise, the petitioners will face extreme financial hardship.
Counsel for the Petitioners: SRI P. NARASIMHA RAO Counsel for the Respondent Nos.1 to 3: SRI V. V. SATISH (SC FOR APEPDCL) Counsel for the Respondent No.4: GP FOR GENERAL ADMINISTRATION Counsel for the Respondent No.5:GP FOR ENERGY
APHCO10271872022 WRIT PETITION NO: 16067 OF 2022 Between; 1.Mohammad Gouse Mohiddin S/o. Abdul Jaleel, Aged 72 years. Retired JAO, in APEPDCL R/o. ’ Rajamahendravaram East Godavari District Aadhar No. 460885243379. . 2. Dakoju Subba Rao S/o. Satyanarayana, Aged 78 years. Retired UDC, in APEPDCL R/o. Rajamahendravaram East Godavari District Aadhar No. .747923521698 3.VellanId VenJcata Rao S/o. Venkatasastry, Aged 78 years. Retired J.A.O, in APEPDCL R/o. Rajamahendravaram East Godavari District' Aadhar No. .747923521698. 4. Nagireddy Appa Rao S/o. Balalorishna, Aged 71 years. Retired UDC, in APEPDCL l^o. Rajamahendravaram East Godavari District Aadhar No. .705133176233
5. Valluri Kali das S/o. Satyam, Aged 72 years. Retired Lineman, in APEPDCL R/o. Rajamahendravaram East Godavari District Aadhar No. .375170423015
6. Munagala Hemabhushana Rao S/o.Namasivay Aged 78 years. Retired JAO, in APEPDCLR/o. Rajamahendravaram East Godavari District Aadhar No. 935157174979
7. Mamie VenJcata Rayudu S/o. Veerraju, Aged 74 years. Retired D.E.E., in APEPDCL R/o. Rajamahendravaram East Godavari District Aadhar No. .376326903221 a,
10 22
8. Talari Visveswara Rao S/o. Satya, Aged 72 years, Retired JAO, in APEPDCL R/o. Rajamahendravaram East Godavari District. Aadhar No. .968620193709
9. Satyam Venkata Chalapathirao S/o. Mavayya, Aged 80 years, Retired Dy. CCA, in APEPDCL R/o. Rajamahendravaram East Godavari District. Aadhar No.758383533681
10. Vanapalli Venkata Rama Rao S/o. Sri Rama Murty, Aged 72 years. Retd JAO, in APEPDCL, R/o. Rajamahendravaram East Godavari District'. Aadhar No.526398898796 1 1. Eami Appalachari S/o. Veeraari Aged 71 years. Retd line inspector in APEPDCL, R/o. Rajamahendravaram East Godavari District. Aadhar No.660707971748
12. Kominana Satyanarayana S/o. Ramalingam Aged 71 years. Retd D.E.E, in APEPDCL, R/o. Rajamahendravaram East Godavari District. Aadhar No.3 1179586655 1
13. Ilia Radhakrishna S/o. Venkata reddy Aged 72-4 years. Retd UDC, in APEPDCL, R7o. Rajamahendravaram East Godavari District. Aadhar No.209033880680 14.Kuchimanchi Venlcata Subba Rao S/.o.Narasimham Aged 75 years. Retd UDC in APEPDCL, R/o. Rajamahendravaram East Godavari District. Aadhar No.509592708744
15. Kella Subba Rao, S/o.Narasimhamurty Aged 72 years. Retd JAO, in APEPDCL, R/o. Rajamahendravaram East Godavari District. Aadhar No.869482069572
16. Sombhatla Satyanarayana Murty S/o.Venkateswara Sarma Aged 73 years. Retd JAO, in APEPDCL, R/o. Rajamahendravai-am East Godavari District. Aadhar No.3 10002398887. 17.Yemireddy Satyanarayana S/o.Pothuraju Aged 75 years. Retd JAO, in APEPDCL, R/o. Rajamahendravaram East Godavari District.
Aadhar No.744864165784 ’
23 IS.Dadi Gangadhara Rao S/o. Sanyasi Rao Aged 73 years. Retd ADE, in APEPDCL, R/o. Rajamahendravaram East Godavari District. Aadhar No.332817553604. 19. Gondesi Veera Raghava Reddy S/oCh Appalareddy Aged 71 years. Retd UDC, in APEPDCL, R/o. Rajamahendravaram East Godavari District. Aadhar No.249062233390. 20. Bulusu Bulli Venkatarama Krishna Prabhakara Murty S/o.Paradesi Rao, Aged 73 years. Retd UDC, in APEPDCL, R/o.Rajamahendravaram East Godavari District. Aadhar No.678855747599. 21.Doklca Subba Rao S/o. Gourishankaram Aged 71 years. Retd LDC, in APEPDCL, R/o. Rajamahendravaram East Godavari District. Aadhar No.379391784868. 22.Pyla Apparao S/o. Chinnayya Aged 73 years. Retd UDC, in APEPDCL, R/o. Rajamahendravaram East Godavari District. Aadhar No.220276139009 23.Thamarapalli Krishna rao S/o. Suryanarayana Aged 75 years. Retd UDC, in APEPDCL, R/o. Rajamahendravaram East Godavari District. Aadhar No.964273671182
24. Padala Veera Raghavareddy S/o.Rama Reddy Aged 72 years. Retd DEE, in APEPDCL, R/o. Rajamahendravaram East Godavari District. Aadhar No.699332328363 25.Sripada Venkata Ramana S/o.Janaki Rao, Aged 70 years. Retd JAO, in APEPDCL, R/o. Rajamahendravaram East Godavari District. Aadhar No.736641241530
26. Ketha Veeravenkata Satyanarayana Murty Somaraju Aged 73 years. Retd AAE, in APEPDCL, R/o. Rajamahendravaram East Godavari District. Aadhar No.377684159224 27.Nuka Subba Rao S/o. Aldciraju Aged 73 years. Retd A.O, in APEPDCL, R/o. Rajamahendravaram East Godavari District. Aadhar No.752904451608
24
28. Vinjamuri Venkataramana Murty S/o. Ramanamurty Aged 73 years. Retd JAO, in APEPDCL, R/o.Rajamahendravaram East Godavari District Aadhar No.776997378868
29. Nallam Satyavenkata Ratnam S/o.Thammayya Aged 72 years. Retd ADE, in APEPDCL, R/o. Rajamahendravaram East Godavari District. Aadhar No.879303298702
30. Grandhi Ramaki'islina S/o.Somaraju Aged 80 years. Retd ADE, in APEPDCL, R7o. Rajamahendravaram Ea st Godavari District. Aadhar No.349995942097. 3EGrandhi Gangadharam S/o.G.V.L. Lakshmanarao Aged 72 years. Retd JAO, in APEPDCL, RVo. Rajamahendravaram East Godavari District. Aadhar No451004115605. 32.siripurapu Sambasiva Rao S/o. Venkateswara Rao Aged 77 years. Retd AAE, in APEPDCL, R/o. Rajamahendravaram East Godavari District. Aadhar No.908980601848
33. Munukutla Bhaskara Ramakrishna Rao S/o. Kameswara Rao Aged 81 years. Retd HS Grii, in APEPDCL, R/o. Rajamahendravaram East Godavari District.
Aadhar No.681 800897681
34. Kolluri Gopalakrishna S/o.Lakshmana Rao Aged 75 years. Retd SE, in APEPDCL, R/o. Rajamahendravaram East Godavari District. Aadhar No.720327143067. 35 Kakileti Ramamohana Rao S/o. Papacharyulu Aged 72 years. Retd JAO, in APEPDCL, R/o. Rajamahendravaram East Godavari District. Aadhar No.382306868996
36. Lakkoju Venkata SUbba Rao S/o.VeeiTaju Aged 80 years. Retd AAE, in APEPDCL, R/o. Rajamahendravaram East Godavari District. Aadhar No.492138145595 ' 37.Revu Raja Rao S/o. Acharyulu Aged 76 years, Retd UDC, in APEPDCL, R/o. Rajamahendravaram East Godavari District. Aadhar No.973 13980557 1
13 25 38.Bokka Narasimha Murty S/o.Subbarayudu Aged 71 years. Retd L.M, in APEPDCL, RYo. Rajamahendravaram East Godavari District. Aadhar No.303869280335 39.Kotla Veeraraghavulu S/o.Latchanna Aged 82 years. Retd Foreman, in APEPDCL, R/o. Rajamahendravaram East Godavari District. Aadhar No.709692109069 40.Garaga Soma Raju s/o. Nookaiah Aged 72 years. Retd AAO, in APEPDCL, R/o. Rajamahendravaram East Godavari District. Aadhar No.744864165784 41.Allam Venkata Satyanarayana S/o.Sathiyya Aged 75 years. Retd ALM, in APEPDCL, R/o. Rajamahendravaram East Godavari District'. Aadhar No.764522891102 42.Sanaboina Satyanarayana S/o.Naganna Aged 72 years, Retd L.I, in APEPDCL, R/o. Rajamahendravaram East Godavari District. Aadhar No.596155743857 43.Pakkurthi Durga Rao S/o.Bapanayya Aged 81 years. Retd L.M, in APEPDCL, R/o. Rajamahendravaram East Godavari District. Aadhar No.576717798621
44. Childcam Veerabhadra Rao S/o. Ramans Aged 78 years. Retd AAE, in APEPDCL, R/o. Rajamahendravaram East Godavari District. Aadhar No.835915492931
45. Vasireddy Satyanarayana S/o.Suryarao Aged 73 years. Retd UDC, in APEPDCL, R/o. Rajamahendravaram East Godavari District. Aadhar No.393233985972 46.Gadiyakari Mutyam S/o. Ramanandam Aged 78 years. Retd L.M, in APEPDCL, R/o. Rajamahendravaram East Godavari District. Aadhar No.382453702482. 47.Bhamidi Satyanarayana S/o.Satyanarayana Aged 72 years. Retd L.M, in APEPDCL, R/o. Rajamahendravaram East Godavari District. Aadhar No.496969717075
26 48.Bold<;a Satyanai'ayana S/o. Svvamy Aged 75 years. Retd UDC, in APEPDCL, R/o. Rajamahendravaram East Godavari District. Aadhar No.724480189147
49. Nelclcanti Subba Rao S/o. Subbanna Aged 73 years. Retd UDC, in APEPDCL, R/o. Rajamahendravaram East Godavari District. Aadhar No.862959615575
50. Chilclcala Simhadri Rao S/o.Narasimha Murty Aged 79 years.
Retd Foreman, in APEPDCL, R/o. Rajamahendravaram East Godavari District. Aadhar No.831265522948 .... Petitioners AND
1. The A^hra Pradesh Eastern Power Distribution Company , rep. by Its Chainuan & Managing Director, Corporate Office, Near Gumdwara P T colony, SeetamruiE-' Dhara, Visalchapatnam (PO) 530013. 2. Ti-ansmission Corporation of Andhra Pradesh Rep by its Chairman & Managing Director, Corporate office Vijayawada NTR District. 3.The Chief Secretary to Government of Andhra Pradesh, AP Secretariat building, Velagapudi, Amaravathi. r U'Y\cxviuj 4.Principal Secretary to Government A.P Secretariate Buildings , Velagapudi
5. The SuperintendingEngineer, Operation, Circle, APEPDCL, Ullithota Veedhi Godavaribund , Rajamahendravaram (PO) East Godavari District 533101. 6. The Divisional Electrical Engineer, Operation Division, APEPDCL, Ullithota veedhi, Godavari Bund, Rajamahendravaram (PO) East Godavari District. — Respondents
I.S' 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 a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus under Article 226 of Constitution of India by declaring that the impugned G.O.M.S. No. 30 dt 20-02-2022 issued by the Government and its corresponding T.O.O. MS No. 2373 dt 23-02-2022 issued by the 2 respondent herein which reduced the Additional quantum of pension from 10% to 7% in respect of service pensioners/Family pensioners of the age group of 70 to 75 years and from 15% to 12% in respect of age group of 75 to 80 years of pensioners with retrospective effect from dt 01-04-2020 unreasonable, unfair, arbitrary and not supported by any statute , Law or Rule made by the State Legislature and thus consequently set aside the same and by restoring the Additional quantum of pension as stated in G.O.M.S.NO.
6 dt 12-01-2019 in the interest of justice and to grant any such other or further reliefs as may be deemed fit and proper under the circumstances of the lA NO:
1 OF 2022 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 pass an interim order by suspending the operation of G.O.M.S No. 30 dt 20-02-2022 and its corresponding T.O.O. MS No. 2373 dt 23-02-2022 by not effecting any recovery from the pension of the petitioners / retired employees till the final disposal of the main Writ Petition, or otherwise, the petitioners will face extreme financial hardship in the interest of justice. Counsel for the Petitioners: SRI P. NARASIMHA RAO Counsel for the Respondent Nos.1,2,5 & 6: SRI V. V. SATISH (SC FOR APEPDCL) Counsel for the Respondent No.3: GP FOR GENERAL ADMINISTRATION Counsel for the Respondent No.4:GP FOR FINANCE & PLANNING nd as case. APHC010310812022 WRIT PETITION NO: 18472 OF 2022 Between:
1. Telaprolu Rama Subba Rao, S/o. Venkata Subbaiah, aged 75 years, Chief Engineer (Retired), (ID No.06502324) VTPS, A.P. Genco., R/o.D.No.76-9-22/2, Akula Rajeswara Rao Street, Bhavanipuram, Vijayawada. 2. Mukthineni Vijaya Kumar, S/o.Venkateswara Rao, aged 76 years, AAO (Retired) (ID No.90006741), A.P.C.P.D.C.L., D.No.20/66, Ramakrishnapuram, Gallas Factory Road, Chirala, Prakasam District, years. 3. Jagabathuni Balasubramanyam, S/o.Badraiah, aged 76 Superintending Engineer (Retired) (ID No.90006178), A.P.C.P.D.C.L., R/o.9-102, Bandaruvari Street, Jandapeta, Chirala, Prakasam District. 4. Padavalor Rajendra Prasad, S/o.Veeraswamy, Addl.Asst.Engineer (Retired) (ID No.90006140), A.P.C.P.D.C.L., R/o.D.No.12-108, Kothapeta, Vetapalem Mandal, Bapatla. 5. K.Rajendra Prasad, S/o.Raphael, aged 73 years. Foreman (Retired), (ID No.90006263), A.P.C.P.D.C.L., R/o.7-22-8, Gandhi Nagar, Vaddera Road, Chirala - 523 157. 76 years. ...Petitioners AND
1. State of Andhra Pradesh, represented by its Special Chief Secretary, Finance (HR-lll-PENSION,GPF) Department, Secretariat, Amaravathi. 2. A. P. Power Generation Corporation Limited, represented by its Managing Director, Vidyuth Soudha, Gunadala, Vijayawada 520 004. Eluru Road,
3. A. P. Central Power Distribution Company Limited, represented by its Chairman and Managing Director, Corporate Office, Beside Govt.Polytechnic, ITI Road, Vijayawada - 520008.
...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 declare G.O.Ms.No.30, Finance (HR-lll-PENSION,GPF) Department, dated 20-02-2022 of the 1st Respondent to the extent of revising the slabs on Additional Quantum of Pension (AQP) and as adopted by 2nd Respondent by G.O.O.No.32/CGM(Adm.lSand ERP) 2022, dated 27- 05-2022 and 3rd Respondent and consequent recovery of AQP paid from 01-04-2020 as illegal, arbitrary, discriminatory, violative of Article 14 and 16 of the Constitution of India by issuing appropriate writ,
order or direction more particularly in the nature of Mandamus and consequently direct the Respondents 2 and 3 to pay the AQP as recommended by the 11th PRC and as sanctioned by the 1st Respondent by its G.O.Ms.No.02, Finance (HR.III- Pension, GPF) Department, dated 17-01-2022. lA NO: 1 OF 2022 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 stay recovery of Additional Quantum of Pension paid from 01-04-2020 pending disposal of the above writ petition. lA NO: 2 OF 2022 Between: A. P. Power Generation Corporation Limited, represented by its Managing Director, Vidyuth Soudha, Gunadala, Eluru Road, Vijayawada 520 004. ...PETITiONER/RESPONDENT No.2 AND
1. Telaprolu Rama Subba Rao, S/o. Venkata Subbaiah, aged 75 Chief Engineer (Retired), (ID No.06502324) VTPS, A.P. Genco., R/o.D.No.76-9-22/2, Akula Rajeswara Rao Street, Bhavanipuram, Vijayawada. years. 2. Mukthineni Vijaya Kumar, S/o.Venkateswara Rao, aged 76 years, AAO (Retired) (ID No.90006741), A.P.C.P.D.C.L. D.No.20/66, Ramakrishnapuram, Gallas Factory Road, Chirala, Prakasam District. 3. Jagabathuni Balasubramanyam, S/o. Badraiah, aged Superintending Engineer (Retired) (ID No.90006178), A.P.C.P.D.C.L., R/o.9-102, Bandaruvari Street, Jandapeta, Chirala, Prakasam District. 4. Padavalor Rajendra Prasad, S/o.Veeraswamy, 76 years, Addl. Asst. Engineer (Retired) (ID No.90006140), A.P.C.P.D.C.L, R/o.D.No.12- 76 years. 108, Kothapeta, Vetapalem Mandal, Bapatla. 5. K.Rajendra Prasad, S/o.Raphael, aged 73 years. Foreman (Retired), (ID No.90006263), A.P.C.P.D.C.L., R/o.7-22-8, Gandhi Nagar, Vaddera Road, Chirala - 523 157. ...RESPONDENTS/PETITIONERS
6. State of Andhra Pradesh, represented by its Special Chief Secretary, Finance (HR-lll-PENSION,GPF) Department, Secretariat, Amaravathi. 7. A. P. Central Power Distribution Company Limited, represented by its Chairman and Managing Director, Govt.Polytechnic, ITI Road, Vijayawada - 520008. ...PETITIONERS/RESPONDENT Nos.1 & 3 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 vacate the Interim Orders dated 06.07.2022 passed in W.P.No.18472 of 2022 and dismiss the above writ petition with exemplary costs, in the interest of justice.
Corporate Office, Beside
n Counsel for the Petitioners: SRI K. RAMA SUBBA RAO Counsel for the Respondent No.1: GP FOR FINANCE AND PLANNING Counsel for the Respondent No.2:SRI NAGARAJU NAGURU, SC FOR APGENCO Counsel for the Respondent No.3:SRI V.V.SATISH (SC FOR APCPDCL) APHC010401012022 WRIT PETITION NO: 24745 OF 2022 Between: 1) R.V.Subba Rao, S/o.R.Suryanarayana, 73 years, JAO (Retired), ID No.650243 1, AP Genco, R/o.H.No. 17-28, Behind Sai Medical Stores, Near Ravindra Bhai-athi School, Main Road, Kondapalli - 521 228. 2) P.V.S.Ramana Rao, S/o.P.Venkata Krishna Rao, aged 75 years, ADE (Retired), ID No.65023 1 8, AP Genco, 17/0.54-1 6-3/A, Plot No. 19, Loyala Garden, Central Excise Colony, Vijayawada - 520 008. 3) B.Raja Rao, S/o.B.Venkateswara Rao, aged 74 years, De (Retired) ID No.6502437, AP Genco, R/o.D.No.4-29-21, E.T. Colony, Ithanagar, Nehru Nagar 3rd Lane, Tenali - 522 201, Guntur District. 4) M.Madhava Rao, S/o.M.Manikyala Rao, aged 75 years, HM (Retired) ID No.6502290, AP Genco, R/o.H.No.MID-2, B12/F12, APPIB Colony, Bhavanipuram, Vijayawada - 520 012. 5) I.Satyanarayaria, S/o.I.Subbaiah, aged 75 years, ADE (Retired) ID No.6503383, AP Genco, R/o.I-I.No.2-428-89-A, Balaji Complex, Nandyala - 518 501. 6) K.Koteswara Rao, S/o.K.Ramaiah, aged 76 years, FM (Retired), ID No.6503377, AP Genco, R/o.Western Colony, Srisailam Project, Srisailam - 518 102- 7) Ch.V.S.S.Rama Niranjan, S/o.V.Sanyasi Rao, aged 79 years, JAO (Retired), ID No.6502718, AP Genco, PVo.D.No.S-1 62, Pandith Nagar, Guntupalli - 521 241, Krishna District. 8) Ch.Puilaiah, S/o,Ch.Subbaiah, aged 79 years, JAO (Retired), ID No.6502526, AP Genco, R/o.FI.No.8-54/2, Pandith Nagar, Guntupalli - 521 24 1, Krislrna District. -.4/-
2o :: 4 9) V.Bhaskara Murthy, S/o.Narayanacharyulu, aged 75 years, JAO (Retired) ID No.6502526, Flat No.102, V.B.Swamy Residency, Opp.B.B.Company, 2nd Main Arkere Road, H.W. Road, Arkere, Bangalore - 76. 10) G.Raj an, S/o.Govindan, aged 71 years, PA (Retired) ID No.6503404, AP Genco, R/o.Rajabhavanam, Puthenchantha P.O. Vallikunnam - 690 501, Alappuzha District, Kerala State.
11) G.Somasekhara Reddy, S/o.G.Sambasiva Reddy, aged 75 years, DE (Retired) ID No.6503387, AP Genco., R/o.H.No.6-29-123, Reddy Complex, Near Telephone Exchange, Sunnipenta - 518 102, Nandyala District. 12) G.R.Mallikarjuna Rao, S/o.Nooka raju, aged 75 years, FM (Retired), ID No.6503389 AP Genco, C/o.GRKC Naidu House, Ice Factory Road, Kothavalasa, Vizianagaram District. 13) R.N.Ramanujam, S/o.Ramaswamy Pillai, Aged 77 years, UDC (Retired) ID No.6503040, AP Genco, R/o.D.No.4-39, Raja Street, Nehru Marg, Tummapala (v), Anakapalli District — 53 1 032. 14) P.R.S.Sastry, S/o.P.Srirama Sastry, Aged 74 years, ADE (Retired), ID No.6502688, AP Genco, R/o.D.No.21-5-7, Tripurari Batlavari Street, Ramalingeswara peta, Tenali — 522 021, Guntur District. 15) P.Raghava Rao, S/o.K.Ramanujacharyulu. Aged 73 years, AAO (Retired), ID No.6502771, AP Genco., R/o.D.No. 1-46, Near Saibaba Temple, Vemuluru Post, Kovvuru Mandal, W.G. District. 16) A.Subbaratnam, S/o.A.Balayya, Aged 77 years, FM (Retired), ID No.6503375, AP Genco., D.No.5-25-45/9, Eastern Colony, Opp. Post Office, Sunnipenta,Srisailam — 518 102. 17) G.Mohana Rao, S/o.Venkateswarlu, Aged 76 years, ADE (Retired), ID No.6502275, AP Genco., Flat No. 105, Sai Seshu Apartment, One Center, Gollapudi — 521 225, Krishna District. ..5/-
2) ;; 5 :: 18) E.Subba Reddy, S/o.E.Sangi Reddy, Aged 71 years, SE (Retired) ID No. 6502552, A.P.Genco., Ryo.D.No. 1-4-221/F, Kotavari Street, Manavamandiram Road, Bhavanipuram, Vijayawada — 520 012. Krishna District. 19) Pula Satyam, S/o.P.Ramaiah, Aged 70 years, PA (Retired) ID No.6503369, A.P.Genco., R/o.Flat No. 104, MSS Towers, Beside Devi Paradise, Near Nandyal Checkpost, Engineers Colony, Nandyal — 518002. 20) K.V.G.H.Sarma, S/o.K.Venkateswarlu, Aged 76 years, ADE (Retired) ID No.6502277, AP Genco., R/o.Flat No.308, Indira Residency, A.S.Raju Road, Mutyalampadu, Vijayawada — 520 Oil. Krishna District. 21) P.S.Peddi Raju, S/o.P.Veera Raghava Raju, Aged 76 years, CE (Retired) ID No.6502296, AP Genco., R/o.Plot No. 102, Sita Flomes-l, New Gayatri Nagar, Jillelaguda, Hyderabad - 500097. 22) Smt.Ch.Mangavathi, W/o.Suryanarayana, Aged 75 years. Family Pensioner, ID No.6601352, AP Genco., R/o.D.No.32-27-14, Lakshmi Apartments, B-7, Old Police Station Road, Maruthinagar, Vijayawada, Krishna District.
23) Kalla Subba Rao, S/o.Venkataratnam, Aged 77 years, AAE (Retired) ID No.6502115, AP Genco., R/o.H.No.2-1 1-2/1, Bandaruvari Street, Behind District Rice Miller Hall, Tadepalligudem — 534101, W.G. District. 24) K.Trinadhulu, S/o.K.Rama Murthy, Aged 71 years. Supervisor (Retired) ID No.6503192, AP Genco., R/o.D.No.89-17-29, Sai Chaitanya Nagar, Morampudi, Near Durgamma Temple, Hukumpe, Rajahmundry. 25) B.Sankara Rao, S/o.B.Subbaiah, Aged 76 years, ADE (Retired) ID No.6502189, AP Genco., R/o.D.No.4-4-138, Flat No.501, Sri Satyti Surya Sai Homes, 7/1, Chandramoulinagar, Guntur - 522 007. ..6/
■: 6 26) G.Rattaiah, S/o-Ank^^a. gg5_ ^rG:nXS’oSS^F:atio.302^O,Ho.4/3, Sai Venkateswara Towers, Ashok ag Kothapeta, Guntur - 522 001. AP Genci!, IGaSW Colony, Cmo EGOnoion, 1-2-86/1, Nandanavanam, Pattabhipurai , Guntur — 522 006. 27) 28) R.Narasimha Rao A^Gencr Wo. Flit No.llO, Venkatadri Block, sXa?.)^ Apartments, 6'^ Lane, 2^ Cross Road, Chandramowlinagar, Guntui - 322 0 . ’l-'T'zTver C%°(Rerdtro No’,6502252, AP®Genoo , VJo. H.No.12-15-39, Kakumanu Street. - 522 001. APOenco R/o. Flat No.204, 2"“ Floor, Brundavan’palace. S'" Lane, Vijayapun Colony, JKC College Road, Guntur - 522 OU . Kothapeeta, Guntur 31) P.H.Bala Aged 71 Apartment Surya Hill V,e«, , Near Ganganamma Temple, AP Genco IB, D B RK Street Machavaram, Vijayawada - 4 -20A A c: R K Prasad S/o.Sambasiva Rao, 32) A.S.R.R.Prasao • - No.6502472, iraencr, Wo, Flat‘No.6204 Panchavati Agrtmen.s, Opp. INTU, Pragatmagar, Hyderabad 33) D.A.Rama S^rma, S/o^Nm-ayana MurthA^ Aged 76 ADE Kalyanpuri Colony, Opp SmveV^f India, Uppal. Hyderabad - 500 039. 34) P.Kanakalingeswara P-a°' Aged 75 years, SE (Retired) ID No-OSO33 /y, aI Gencm, Wo. D.No.S-1 1, Sarada Nagar, Neelakantapuram, Desaipeta, Vetapalem - 523 187, Prakasam District. ..7/-
^3 35) G.Narasimha Murthy, S/o.G.Subbaramaiah, Aged 73 years. Security Sub-Inspector (Retired) ID No.6502389, AP Genco., R/o. D.No.49-4-4/2A, Road No.2, Sri Shirdisainagar, Near Railway Track, Gunadala, Vijayawada - 520 004. 36) B.Venkateswarlu, S/o.B.Narayana, Aged 70 years, FM (Retired) ID No.6502601, AP Genco., R/o. 4-64, Flat No.G-1, Harika Residency, NTR Street, 4**^ Line, Gollapudi — 521 225. Krishna District.
37) P.V.N.Poomachandra Rao, S/o.P.Naryana Rao, Aged 74 years, DE (Retired) ID No.6502363, AP Genco., R/o. Flat No.Cl,Aditya Homes, D.No.36-4-40, Beside Geetha Mandir, Temple Street, Kakinada — 533 001. 38) S.Srinivasu, S/o.S.Subbaramaiah Sarma, Aged 75 years, ADE (Retired), ID No.6502306, AP Genco., R/o. Plot No.216, H.No. 1-49/23/1/B, Street No. 12, Suryanagar Colony, Uppal, Medchal District. 39) V.Ramachandra Rao, S/o.Ramaiah, Aged 75 years, AAE (Retired), ID No.6502116, AP Genco., R/o. Plot No. 132, Saipuram Colony, Gollapudi - 521 225,Vijayawada Rural, Krishna District. 40) G.Vadhatmajan, S/o.K.Govindan, Aged 71 years, PA (Retired) ID No.6503400, AP Genco., R/o. C/o.Govindan, V.R.Bhavan, Njeldcadu, Vadasserrikonam, P.O. Ottoor, Tiruvananthapuram, Kerala State 695
143. 41) P.Ratna Rao, S/o.P.Ramakrislinayya, Aged 78 years, DE (Retired) ID No.6502123, AP Genco., R/o. D.No.5-120, 2"'’ Lane, SER Center, Prasadampadu, Ramavarapppadu, Vijayawada — 521 108. 42) N.V.Rama Ki'islina Rao, S/o.N.V.Suryanarayana, Aged 72 years, FM (Retired) ID No.6502441, AP Genco., R/o. D.No.4-67/4, Madhurapuram, Opp. Z.P.H. School Road,Vakalapud, Kakinada - 533 005, E.G.District. 43) P.V.Ramana, S/o.P.Appalaswarny, Aged 81 years, AAE (Retired), ID No.6502072, AP Genco., R/o. D.No.9-2-1, Venulavari Lane, Brahmin Street, Vijayawada - 520 001. Krishna Dis .9/- ct
• 44) S.S.Ramachandra Sarma, S/o.S.Anantharamaiah, Aged 75 years, SE (Retired) ID No.6502315, AP Genco., R/o.D.No.21-229/2, Opp. Police Kalyana Mandapam, Batchupeta, Machilipatnam, Krishna District. 45) A.V.Sambasiva Rao, S/o.Veeraiah, Aged 72 years, SE (Retired) ID No.6502428, AP Genco., R/o. H.No.8-115, Plot No.32, Sitapuram Colony, Poranki, Penamaluru, Krishna District — 521
137. 46) G.Rama Rao, S/o.G.Narasimha Rao, Aged 70 years, FM (Retired) ID No.6502503, AP Genco., R/o. H.No. 13-147, VSV School Road, Ferry, Ibrahimpatnam — 521 456, Krishna District. 47) T.S.R. Murthy, S/o.T.Bapaiah, Aged 75 years, AO (Retired) Id No.6502276, AP Genco., R/o. D.No.3-25/2, Munganoor, Hayathnagar Mandal, R.R. District — 501 511. 48) S.Devadasu, S/o.Tataiah, Aged 71 years, FM (Retired) ID No.6502481, AP Genco., R/o. Plot No.58, Adarsh Nagar, VT Agraharam, Industrial estate Post, Vizianagaram — 535 004. 49) D.Rama Murthy, S/o.D.Raj anna. Aged 75 years, FM (Retired), ID No.6502279, AP Genco., R/o. D.No.34-101, Chaitanya Nagar, Kondapalli — 521 228, Krishna District.
50) P.Satyanarayana Raju, S/o.P.Rama Raju, Aged 75 years, PA (Retired) ID No.6502280, AP Genco., R/o. D.No.4-37/14, Vasantharaju Colony, Atreyapuram, E.G. District — 533 235. 51) V.B.Mulcharji, S/o.V.Ramakrishnaiah, Aged 76 years, DE (Retired) ID No.6502203, AP Genco., R/o. 1-111, Nagayathippa, Nagayathippa post, Krishna District. 52) D.Prasada Rao, S/o.Rama Rao, Aged 73 years, SE (Retired) ID No.6502367, AP Genco., R/o. Flat No.502, Sai Raghava Fleights, Near Kalpatharu Hotel, Auuagaripeta, Sattupalli — 507 303, Khammam District. ..10/-
lb 53) P.G.K.Prasada R.ao, S/o.P.Raja Ramaiah, Aged 75 years, AAE (Retired) ID No.6502889, AP Genco., R/o. H.No.27-111/1048, Kodandaramapuram, Nellore - 524 002. 54) K.Yogeswara Rao, S/o.K.Maridaya Swamy, Aged 71 years, IWDR (Retired) ID No.6502530, AP Genco., R/o. H.No.33-287, Nethajinagar, Kondapalli — 521 228, Krishna District. 55) G.R.Sastrulu, S/o.Venkateswara Rao, .A.ged 71 years, SI (Retired) ID No.6502524, AP Genco., R/o. D.No.4-31/11, Flat No.201, Raviiri Towrs, Near Ayyappa Swamy Temple, Gollapndi — 521 225, Krishna District. 56) K.Gollababu, S/o.K.Appanna, Aged 71 years, FM (Retired) ID No.6502505, AP Genco., R/o. H.No.82-15-13, 4V Street, Lalacheruvu, Burma Colony, Rajamundry 533
101. 57) G.Krishna Pillai, S/o.A.Sankara Pillai, Aged 75 years, FM (Retired), ID No.6503381, AP Genco., R/o. Kuzakkattu Veedu, Avanavaiicherr> P.O. Attinga!, Trivendrum - 695 ] 03. 58) M.Narayana Rao, S/o.M.Saheb, Aged 71 years, SI (Retired) ID No.6502537, AP Genco., R/o. Id.No. 10-145/2, Kesavapuram Colony, Tallarevu — 533 463, E.G. District. 59) Akula Satyanarayana, S/o.Akula Venkataratnam, Aged 7i years, SI (Retired) ID No.6502786, AP Genco., R/o. H.No.5-259/1, Venkateswara Nagar, Bommuru, Industrial Estate, Rajahmundry Rural — 533
124. E.G.District. 60) Miidcilineni Gandhi, S/o.M.Ravhavaiah, Aged 75 years, ADE (Retired) ID No.6502304, AP Genco., 12/o. I-I.No.S-102, Duggirala, Guntur District — 522 330. 61) E.Subba Rao, S/o.E.Appala Raju, Aged 76 years, AAE (Retired) ID No.6502244, .'VP Genco., R/'o. FI.No.2-1 57, Vijanagiripaiem Road, Chandra Gardens, Visakhapatnam Rural 530 028. 62) R.Ramachandra Rao, S/o.Satti Raju, Aged 71 years, FM (Retired), ID No.6502453, AP Genco., R'o. D.No.! 0- 1 89/7/1 , Balayogi Temple Road, Near Saibaba 'rempie, Mummidivaram, E.G.Disi.
:: 10:: 63) E.S.Ramachandra Murthy, S/o.E.Suryanarayana, Aged 75 years, SE (Retired) ID No.6502312, AP Genco., R/o. H.No.21-10/5/121, 5“^ Line, 549, Srinagar Colony, Mutyalampadu, S.N.Puram, Vijayawada — 520 Oil. 64) B.V.S.Narasimha Rao, S/o.B.Narayanaiah, Aged 75 years, ADE (Retired) ID No.6502362, AP Genco., R/o. H.No.4-32-1, Plot No.277, 278, Dharmasasta Residency, Saptagiri Colony, Tirumalagiri, Kukatpalli — 520 072, Hyderabad. 65) P.Syamsundara Rao, S/o.P.Swamy, Aged 75 years, JAO (Retired), ID No.6502763, AP Genco., R/o. H.No.89-17-29/1, Sai Chaitanya Nagar, Morampudi, Rajahmundry — 533 101. E.G.District. 66) N.Mary Hemalatha, W/o.Syamsundara Rao, Aged 73 years, ANM (Retired) ID No.6502764, AP Genco., R/o. H.No.89-17-29/1, Sai Chaitanya Nagar, Morampudi, Rajahmundry — 533 101. E.G.District. 67) S.Nooka Raju, S/o.S.Appa Rao, Aged 71 years, FM (Retired) ID No.6502510, AP Genco., R/o. Flat No.504, D.No.74-14-68A, 4'^ Floor, Gananadha Heights, Lakula Road, Patamata, Vijayawada — 520007. 68) P.Kj'ishna Murthy, S/o.P.Subbaiah Sastry, Aged 78 years, CE (Retired) IE No.6502551, AP Genco., R/o. G-3, Vasavi Sowgandhi Apartment, D.No.8-4-6, Tirumalarao Street, Gandhinagar, Kakinada - 533 004. 69) B.V.V.Satyanarayana, S/o.B.Venkanna, Aged 76 years, DE (Retired) ID No.6502757, AP Genco., R/o. D.No.52-6-24, Vishnalayam Street, Jagannadhapuram, Kakinada — 533 002. 70) N.Nageswara Rao, S/o.Jogi Raju, Aged 76 years, AAE (Retired) ID No.6502735, AP Genco., R/o. D.No.8-140, Musalamma Temple Street, Indrapalem, Kakinada — 533 006. 71) V.Anandam, S/o.V.Dhannadas, Aged 73 years, Maistry (Retired) ID No.6502778, AP Genco., R/o. D.No.2-527, Aadarshnagar Colony, Road No.3, Cheediga, Indrapalem — 533 006, Kakinada. ..12/-
2^ :: n 72) V.Mahalakshmi Rao, S/o.V.Subba Rao, Aged 77 years. Cleaner (Retired) ID No.6502734, AP Genco., RVo. D.No.7-87, Near Satyanarayanaswamy Temple, Kottalanka, Mummidivaram Mandal, E.G.District. 73) Balia Vadapalli, S/o.B.Pedda Veeranna, Aged 77 years, JAO (Retired) ID No.6502740, AP Genco., R/o. H.No.30-1-33, Saidullapeta, Near Town Hall, Mandapeta — 533 308, E.G.District. 74) P.L.S.Prasad, S/o.P.Krishna Murthy, Aged 72 years, ADE (Retired), AP Genco., R/o. 1-3/24-3/8A, Sai Kuteer, Aravinda Street, Vidyadharapuram, Vijayawada 521 012, Krishna Dist.
75) K.V.B.Sastry, S/o.Siva Sankara Sastry, Aged 72 years, UDC (Retired) ID No.6502457, AP Genco., R/o. Plot No.44, Tirumalasetti Nagar, Behind Don Bosco High School, Guntupalli — 521 241, Krishna District. 76) A.Mohana Rao, S/o.Sri Rama Murthy, Aged 75 years, LM (Retired) ID No.6503 120, AP Genco., R/o. D.No.30-48-2, Kanithi Colony, Vadlapudi, Gajuwaka, Visalchapatnam — 530 046. 77) P.Veera Raghavaiah, S/o.P.Narasimha Murthy, Aged 72 years, ASO (Retired) ID No.6502781, AP Genco., R/o.H.No. 1 8-125/2, Cotton Peta 2"^ Street, Vemagiri, 7 Buildings Complex, Dowleswaram, Rajahmundry Rural, E.G. District. 78) D.Atchyuta Rao, S/o.D.Narasimha Rao, Aged 76 years, ADE (Retired), ID No.6503378, AP Genco., R/o. Flat No.G-3, Manipoora Apartment, 22"*^ cross. Near Lakshmi Flospital, CV Raman Nagar, Kaggadasapura, Bangalore. 79) V.Satyanarayana, S/o.Appala Swamy, Aged 78 years, DE (Retired) ID No.6502100, AP Genco., RVo. D.No.8-19-7/6, Chagantivari Street, Gandhinagar, Kakinada — 533 004. E.G.Dist. 80) M.Murali Mohana Rao, S/o.M.Venkateswara Rao, Aged 79 years, FM (Retired), ID No.6502081, AP Genco., R/o. Flat No.FF-2, Akhila Apartment, Thimmarusu Street, Srinagar Colony, Ring Road, Vijayawada — 520 008. 25 81) T.Rama Kotaiah, S/o.T.Nagabhushanam, Aged 79 years, AAE (Retired) ID No.6502131, AP Genco., RJo. H.No.l6/256-B3, Satyanarayanapui-am, Gudivada — 521 301, Krishna District. 82) K.R.Venlcateswara Rao, S/o.K.V.R.T. Krishna Rao, Aged 75years, DE (Retired), ID No.6502347, AP Genco., R/o. D.No.l-3/24-lO/B, Sankavari Street, Near RTC Workship, Kamakotinagar, Vidyadharapuram, Vijayawada -12. 83) J.V.Chalapathi, S/o.J.V.P.Hanumantha Rao, Aged 74 years, ADE (Retired) ID No.6502382, AP Genco., R/o. D.No.23-7-23, Giri Street, Satyanarayanapuram, Vijaywada — 520 Oil. 84) D.V.Subba Rao, S/o.Lakshminarayana, Aged 76 years, ADE (Retired), ID No.6502268, AP Genco., Ryo.D.No.8-71/1, GF-8, Masid Bazar, Rishik Residency, Gollapudi — 521 225, Krishna District. 85) V.Subramanyam, S/o.Venkata Rama Sastry, Aged 73 years, ADE (Retired) ID No.6502392, AP Genco., R/o. Flat No.305, Sai Lalitha Enclave, Mile Stone Centre, Gollapudi — 521 225. Krishna Dist. 86) Smt.Prabala Maruthy, W/o.P.Radha Krishna Murthy, Aged 79 years,FP (Retired) ID No.6501319, AP Genco., R/o. 9/187, Main Raod, Nunna — 521 212, Krishna District.
87) P.Viswanadham, S/o.Mallappa, Aged 74 years, CE (Retired) ID No.6502384, AP Genco., R/o. Flat No. 102, Plot No.592, Tara Rsidency, Mathrusrinagar, Near SBI Bank, Miyapur — 500 049, Hyderabad. 88) Smt.P.Tulasamma, S/o.P.Kanakaiah, Aged 71 years. Sweeper (Retired), ID No.6502535, AP Genco., R/o. Flat No. 102, Sriram Plaza, Ayyappa Nagar, Patamata, Vijayawada — 520007. 89) R.Subba Rao, S/o.R.Venkata Krishna Rao, Aged 77 years, AAE (Retired) ID No.6502088, AP Genco., R/o. H.No.2-2, Opp.Veerabhadraswamy Temple, Byepass Road, Near New B-Colony, Kondapalli — 521 228, Krishjia District. ..14/-
■--W 90) K.Muni Swamy, S/o.K.Narayanappa, Aged 70 years, HVD (Retired) Id No.6503405, AP Genco., R/o. H.No.3-16(l), Suleman Center, Sunnipenta, Srisailam Dam East — 5 18 102. 91) D.M.Raja Gopala Reddy, S/o.Munnuswamy Reddy, Aged 77years, DE (Retired) ID No.6502199, AP Genco., R/o. D.No. 19-12-611, Bairagipatteda, Tirupathi — 517 501. 92) Ambati Devadattam, S/o.A. Venkatachalam, Aged 71 years, SI (Retired) ID No.6503490, AP Genco., R/o. 75-2/1-lOA, Harijanawada, Bhavanipuram, Vijayawada — 520 012. 93) M.D.Varaprasad, S/o.M.Ranga Rao, Aged 71 years, AO (Retii-ed) ID No.6502553, AP Genco., R/o. D.No.20-38/1, Parvathi Nilayam, B/S of Maheswari apartmentsJbrahimpatnam West — 521 456. NTR District. 94) P.Satyam Babu, S/o.Seshaiah, Aged 73 years, Sr.Chemist (Retired) ID No.6502406, AP Genco., R/o. D.No.6-I-360, V.D.Os.Colony, Khammam — 507 002, Khammam District. 95) Chava Satyanai-ayana, S/o.Cb.Sivaramaiah, Aged 73 years. Chief Chemist (Retired) ID No.6502592, AP Genco., R/o. H.No. 10-3-196/1, Mamillagudem, Khammam — 507 001. 96) M.Kupindu, S/o.Appanna. Aged 73 years, FM (Retired) ID No.6502333, AP Genco,, R/o. H.No.34-54, Chaitanya Nagar, Kondapalli — 521 228, Krishna Di.strict. 97) K.V.R.Prasad, S/o.K.Venkata Basava Rao, Aged 77 years, CE (Retired), ID No.6502273, AP Genco., R/o. PI.No. 15/54, Sai Samakruthi, Ummaiah Street, Gollapudi — 521 225, Vijayawada. 98) B.Santosh Kumar Gupta, S/o.B.Venkata Subbaiah, Aged 76 years, DE (Retired) ID No.6502972, AP Genco., R/o. A-5, Saiprashanthi Residency, 4‘'’ Floor, K N Palli Road, Puttapaithi — 5 1 5 134. Ananthapur District.
99) R.V.Subrahmanyam, S/o.R.Venkata Ki'ishna Nateswara Rao, Aged 77yeai-s, ADE (Retired) ID No.65022) .AP Genco., R/o. S u r y a r a o p e t, V ij a y n w ad a 7 1 DA XT 1_> . J N 0.29-2 1-1 i, Gora Street, Bakingltamept, 520 002. 3o 100) M.Lakshmipathi, S/o.M.Adinarayana Rao, Aged 75 years, FM (Retired) ID No.6502078, AP Genco., R/o. 10-133/6, Flat No.F-103, P.F.Colony, Near Netaji Park, Samtha Residency, Chinnamushniwada, Visalchapatnam — 53 1 173. 101) Yella Subba Rao, S/o.Satyanarayana Murthy, Aged 73 years, DRG Teacher(Retired) ID No.6502788, AP Genco., R/o. D.No.89-17-3 1/8, Sai Chaitanya Nagar, Danavayipeta, Rajahmundry — 533 103. 102) S.Md.Azmal, S/o.Bikari Saheb, Aged 71 years, SI (Retired) ID No.6502545, AP Genco., R/o. D.No.l-203-E-59-C-l, Mohammednagar, ward, Markapuram — 523 316, Prakasam District. 103) Dr K Baburao Dora, S/o.K.Bapanna Dora, Aged 74 years. Civil Surgeon (Retired) ID No.6502380, D.No.76-5-36/2, Gandhipuram-2, Pemmaraju Swapna Soudha, Rajahmundry — 533 101, E.G.District. 104) L.Sanyasi Rao, S/o.L.Vesveswara Rao, Aged 74 years, UDC (Retired) ID No.6502377, AP Genco., R/o. 23-8-43, Gangabathulavari Street, Kurupam Market, Visalchapatnam 530 001. 105) S. V.S.S.Raghavendra Rao, S/o.S.Janaki Rama Rao, Aged 72 years, SE (Retired), ID No.6501674, AP Genco., R/o. H.No.52-4-5, Mahalakshmipeta, Kakinada Urban — 533 002. 106) Kadiri Ramakrishnaiah, S/o.Kadiri Chennappa, Aged 76 years, SE (Retired) ID No.6502957, AP Genco., R/o. H.No.l 1/44, Lakshmi nagar, Proddutur, Kadapa District. 107) P.Ranga Rao, S/o.P.Pushkara Rao, Aged 75 years, CE (Retired) ID No.6502772, AP Genco., R/o. D.No.3-76, Near Santa Bazar, Pentapadu — 534 166. W.G.District. 108) N.Lakshminarayana, S/o.N.Lakshmaiah, Aged 75 years, ADE (Retired) ID No.6502892, AP Genco., R/o. H.No.8/29, Harmonium Street, Ranganayakulapeta, Nellore 524 001. 109) Y.Someswara Rao, S/o.Appa Rao, Aged 72 years, SAG (Retired), ID No.6502769 A.P.Genco., R/o. Bandivari Street, Parvathipuram, Vizianagaram Dist. — 535 501. 3) 1 10) Bitra Rama Rao, S/o.B.Subbarayudu, Aged 75 years, ADE (Retired) ID No.6502894, A.P.Genco., R/o. School Road, Santhinagar, Kavali, Nellore District.
Ill) P. Venkata Narayana, S/o.P.Venkatappa, Aged 77 years, ADE (Retired) ID No.6502890, A.P.Genco., R/o. D.No.2-200, Satyavathinagar, Kovuru, Nellore District. 112) P.Chinna Venkaiah, S/o.P.Subbaiah, Aged 75 years, SE (Retired) ID No.6502899, A.P.Genco., R/o. H.No.4-l-45I/A7, Konamma Thota, Kovuru, Nellore District. 1 13) G.Sreeharinath Prasad, S/o.G.Venkata Subbaiah, Aged 74 years, AE (Retired) ID No. 6502825, A.P.Genco., R/o. Flat No.504, Bhagyaprasta Apartment, Attapur, Hyderabad — 500 048. 114) M.Nageswara Rao, S/o.M. Venkata Kidshnaiah, Aged 77 years, ADE (Retired) ID No.6502184, A.P.Genco., R/o. D.No.59A-8-8/6, Maruthi Co-operative Colony, Road No.l, Vijayawada — 520 008. 1 15) P.V.S.Chaloravarthy, S/o.Narasimhacharyulu, Aged 77 years, DE (Retired) ID No.6502238, D.No.8-76/1, Rishik Residency, Gollapudi, Vijayawada Rural 521 225. 1 16) A.Nagendra Babu, S/o.Akella Bapi Raju, Aged 72 years, DE (Retired) ID No.6502557, A.P.Genco., R/o. Flat No.501, Padmaja Enclave, Opp. To RC Cyber Homes, Sri Sai Rama Nagar, Nallagandla, Hyderabad - 500 019. 117) K.Sasibhushana Rao, S/o.Venkata Raju, Aged 73 years, FM (Retired) ID No.6502354, A.P.Genco., R/o. A-504, Swarna Apartments, Ibraimpatnam — 521456, Krishna District. 1 18) N.V.Subba Rao, S/o.N.Obulusetty, Aged 76 years, DE (Retired) ID No.6502826, A.P. Genco., H.No. 10-4-41, Isukakonda Road, Near Chowdary Kalyana Mandapam, Ranganayakulapet, Nellore-524 001. 32_ : \£:-. 119) V.V.Ranga Rao, S.o.V.Veerabhadra Rao, Aged 76 years, ADE (Retired) ID No.6502234, A.P.Genco., R/o. H.No.5-45, Kottur, Beside Bundar Road, Edupugallu, Kankipadu Mandal, PIN; 521155, Krishna Dt. 120) N.Rajaselchara Rao, S/o.N.H.Sitapati Rao, Aged 73 years, CE (Retired) ID No.6502709, A.P. Genco., R/o. H.No..27-9-11, Kaza Punnaiali Lane, Near Chaya Hotel, Governorpet, Vijayawada-2, Krishna District. 121) Golla Rama Rao, S/o.G.Subba Rao, aged 75 years, CE (Retired) ID No. 6502982, A.P. Genco., H.No. Flat.No.B-2, Myhome Gardenia, Beside Dorababu Petrol Bunk, Tanuku-534211, West Godavari Dist. .. Petitioners AND 1) State of Andhra Pradesh represented by its Special Chief Secretary, Finance (HR-III-PENSION,GPF) Department, Secretariat, Amaravathi. 2) A.P.Power Generation Corporation Limited represented by its Managing Director, Vidyuth Soudha, Gunadala, Eluru Road, Vijayawada - 520 004.
..Respondent/s
33 Petition under Article 226 of the Constitution of India circumstances stated in the affidavit filed therewith, the High Court may be pleased to declare the G.O.Ms.No.30, Department, dated 20-02-2022 of the Respondent to the the Additional Quantum of Pension from 10% to 7% and 15% to the extent of giving effect of the same on completion of 70/75 years instead of commencement of 70/75 years and as adopted by the 2 its G.O.O.No.32/CGM(Adm.lS & ERP) 2022, dated 27-05-2022 praying that in the Finance (HR-lll-Pension, GPF) extent of reducing to 12% and also nd Respondent by and also paid from consequential recovery of Additional Quantum of Pension 01-04-2020 as per the annexure appended to the W.P. as illegal, arbitrary and violative of Article 14 and 16 of the Constitution of India by issuing appropriate writ,
order or direction more particularly in the nature of Mandamus and consequently direct the 2""^ Respondent to pay Additional Quantum of Pension @ 10% or 15% as the case may be and also direct to refund of Additional Quantum of Pension recovered from the petitioners as per the annexure with interest forthwith. lA NO: 1 OF 202? 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 suspend G.O Ms No SO, Finance (HR-lll-Pension,GPF) Department 02-2022 of the 1“ Respondent to the extent of dated 20- reducing the Additional and also to the extent on completion of 70/75 years instead of commencement of 70/75 years and as adopted by the 2"“ Respondent by its G.O.O,No.32/CGIVI(Adm.lS & ERP) 2022, dated 27-05-2022 consequently direct the 2nd Respondent to pay Additional Quantum of Pension @ 10% 15% as the case may be to the petitioners pending disposal of the above writ petition. Quantum of Pension from 10% to 7% and 15% to 12% of giving effect of the same or
Counsel for the Petitioners: SRI K. RAMA SUBBA RAO Counsel for the Respondent No.1: GP FOR FINANCE & PLANNING Counsel for the Respondent No.2:SRI M. VIDYASAGAR, (STANDING COUNSEL FOR APGENCO^) APHC010456182022 WRIT PETITION NO: 27897 OF 2022 Between:
1. V.Bhujanga Rao, S/o.V.Veerabrahmam Age-74years, Retd.ADE/A.P. Transco, 1D.No.3000606, H.No.8-134, Mangamum Donka, 32 Street, Lawerpet Extn., Ongole, Prakasam District. K.Subrahmanyeswara Rao, S/o.K Ganga Raju, Age- 73years, Retd. ADE/A.P.Transco, 1D.No.1031543, D.No.2-6-23, Q.No.45, SINS Colony, Labour Colony, Vidyadharapuram, Vijayawada-520 012, Krishna Dist. 2. 3. Smt.Lam Suryakanthamma, W/o. G.Souri Moses Retd.ADE/TC, Age-73 years D.No.4-15-72/8 A.P. Transco, ID.No.3000002 Amaravathi Road, Postal Colony, Guntur-522 002. S.Mohana Rao, S/o S. Tirumala Rao, Age- 78 years, Retd.SE/TC, A.P.Transco, ID.1075245, Flat.No.405, VV N Residency, Ashok Nagar, Eluru-534002. West Godavari District
4. 5. Potturu Venkata Subba Rao, S/o P Rama Rao Retd.ADE/A.P.Transco, Age-75years, ID.No.No.3000737, H.No.62, Sri Lakshmi Nivasa Housing Colony, Kothapeta, Chirala-523 157, Bapatia Dist. K.V.Subba
6. Rao, S/o.K.Venkateswarlu Age- 76 years. Retd.DE/A.P.Transco, 1D.No.3000728, Plot.No.306, 4th Floor, Sivasai Residency, Nagulapadu Road, Addanki-523 201, Bapatia District. 3s'
7. CH.Vallabha Rao, S/o CH. Ramaswamy, Age- 73 years, Retd. LM/A. P.Transco, 1D.No.510700310708, D.No.16-54/6, Damerla vari Street, Opp.Venkateswara Theater, Kondapalli-521 228, Ibrahimpatnam Mandal, Krishna Dist. 8. A.Gopala Krishnaiah, S/o A. Venkata Ramanaiah Age- 72 years, Retd.DE/A.P.Transco, ID.No.3000756 D.No.26-14-170, B V Nagar, Nellore-424 004. 9.
B.Subbaramaiah, S/o B Krishnaiah Retd.ADE/A.P.Transco Age-75 ID.No.3000738, Flat.No.304, Sri Lakshmi years Balaji Residency,Srinagar, Nellore-524 002. Venkateswarlu, 10.Y. S/o.Y.Chalamaiah, Age- 76 years, Retd.AAO/A.P.Transco, ID.No.510709952, Flat.No.204, D.No.24-4- 148, Leela Grandeur, Santhinagar, Nellore-524 003. ll.Smt.S.Padmavathi, W/o. Late S.Venkata Satya Bhagavanulu Age- 71 years, F.Pensioner/A.P.Transco, ID.No.3001253 D.No.8-164-6/1, Rajiv Nagar, 2nd Lane,Lawerpet Extn., Ongole-523 002. 12.Padavala Adiseshaiah S/o P Ramanaiah, Age- 75 years, H.NO.4-1-481/A10, Konamma Thota, Kovuru-524 EE/A.P.Transco,
137. Nellore District. 13.P.Venkata Subbaiah, S/o.P.Seshaiah ID.No.510709680, Vedayapalem, Andhrakesari Nagar, PIN-524 004. Age- 77 years, ADE/A.P. Tyagarayanagar, Transco, D.No.26-3-306 ...PETITIONERS AND
1. State of Andhra Pradesh, represented by its Special Chief Secretary, Finance(HR-111-PENSION,GPF) Department, Secretariat, Amaravathi. 2. Transmission Corporation of .Andhra Pradesh, represented by its Chairman and Managing Director, Vidyuth Soudha, Gunadala, Eluru Road, Vijayawada - 520 004 ...RESPONDENTS
36 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 declare the G.O.Ms.No.30 Finance (HR-l11-Pension,GPF) Department, dated 20- 02-2022 of the 1®' Respondent to the extent of reducing the Additional Quantum of Pension from 10% to 7% and 15% to 12% and also to the extent of giving effect of the same on completion of 70/75 years instead of commencement of 70/75 years and as adopted by the 2nd Respondent by its T.O.O.(Addl.Secy-Per) M.S.No.2373, dated 23-02-2022 and also consequential recovery of Additional Quantum of Pension paid from 01-04-2020 as per the annexure appended to the W.P. as illegal, arbitrary and violative of Article 14 and 16 of the Constitution of India by issuing appropriate writ,
order or direction more particularly in the nature of Mandamus and consequently direct the 2^^ Respondent to pay Additional Quantum of Pension @ 10% or 15% as the case may be and also direct to refund of Additional Quantum of Pension recovered from the petitioners as per the annexure forthwith with interest @ 12% p.a.
lA NO: 1 OF 2022 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 suspend G.O.Ms.No.30, Finance (FIR-111-Pension,GPF) Department, dated 20-02-2022 of the 1st Respondent to the extent of reducing the Additional Quantum of Pension from 10% to 7% and 15% to 12% and also to the extent of giving effect of the same on completion of 70/75 years instead of commencement of 70/75 years and as adopted by the 2nd Respondent by its T.O.O.(Addl.Secy-Per) M.S.No.2373, dated 23-02-2022 consequently direct the 2nd Respondent to pay Additional Quantum of Pension @ 10% or 15% as the case may be to the petitioners pending disposal of the above writ petition. 31- Counsel for the Petitioners: SRI K. RAMA SUBBA RAO Counsel for the Respondent No.I.GP FOR SERVICES I Counsel for the Respondent No.2: SRI V. V. SATISH (SC for APEPDCL) APHC010455952022 MM WRIT PETITION NO: 27933 OF 2022 Between: I) M.Venkateswara Rao, S/o M Veerla Venkaiah, Age:74years, Retd.ADE/A.P.Genco, ID.No.6502375, H.No.HIG-171, HB Colony, Bhavanipuram, Vijayawada-520 012. Krishna District. 2) Sri V.Siva Prasad, S/o V.Manikyam, Age: 73years, Retd.FM/A.P. Genco, 1D.No.65024 1 0 H.No.21-29/4, Dagguvanipalem, Ganesh Nagar, Pendurti-53 1 173, Pendurti Manadalam, Visakhapatnam Dist. 3) B.Venugopala Rao, S/o B Chinna Giddaiah, Age:73years, Retd.Mechanic/A.P. Genco, ID.No.6503395, l-l.No.3-83-1, Chowdeswari Street, l<.odumuru-518 464, Kodumuru Mandal, Kurnool Dist. 4) K.Sivalinga Prasad, S/o K Koteswara Rao Age:75years, Retd.ADE/A-P- Genco, ID.No: 6502403, Flat.No.207, Anil Castles, Behind Petrol Bunk, Gollapudi, Sidharthanagar, Gollapudi-521 225, Krishna Dist. 5) K.Subhas Chandra Bose, S/o K.Cinnabbai Age:77years, Retd.DE/Genco, ID.No.6502205, FI.No.2-17, Brilliants Convent Street, lbrahimpatnam-52 1 456, Ibrahimpatnam Mandal, Krishna Dist. 6) P.V.S.Hanuman Sastry, S/o P Venkata Satyanarayana Age: 72years, Retd.ADE/A.P. Genco, 1D.No.65026 1 0, Plot.No.l05, H.No.3-15, Vishnupuram Colony, Poranki, Vijayawada- 52 1 137, Krishna Dist. 7) P,Sai Rama Murthy, S/o P Gopalaiah, Age:77years, Retd.ADE/Genco, 1 D.No.6502959, n I 55, Sri Sai Krupa, 9th Cross, 1 st Main, Sai Nagar, 2nd Phase, C.B.Halli, Vidyaranyapura, Bangalore-560097, Karnataka State.
8) .Syed Osman Ali, S/o Syed Flussain Ali Age:79years, Retd.FM/A.P.Genco, 1 D.No.6502033, Door.No.36-I i, Near Kotta Gate, Sramika Nagar, lbarahimpatnam-52 1 456, Krishna District. 3S ;; 4 :: 9) Pandu Rama Rao, S/o P Ratnam Age;73yeais, Retd.Sr.Chemist/Genco, 10.^0.6502444, H.No.12-1-15/3, Nalla Vantena, Near to RTO Office, Amalapuram-533 201. East Godavari Dist. 10) Vadlamudi Satyanarayana, S/o V Venkata Ramaiah, Age:71 years. Retired Radiographer/A.P.Genco, 1D.No.6502667, l-I.No.2-76, Near Sivalayam, Kavuru-522 309, Cherukupalli Mandal, Kavuru, Guntur Dist. 1 1) Smt.T.S.L. Prabhakaram, C/o V Satyanarayana, Age:71 years, Retired Pharmacist, A.P.Genco, ID.No.6502668 H.No.2-76, Near Sivalayam, Kavuru-522 309, Cherukupalli Mandal, Kavuru, Guntur Dist. 12) P.ShyamsLindara Rao, S/o P Naguru Age:71 years. Retd.ASO/A.P.Genco, ID.No.6502523, D.No.27-2-16/3, Vinukonda vari Thota, Palakol-534 260, West Godavari Dist. 13) Menta Krishna Murthy, S/o M Sanjeevaiah, Age:77years, Retd. DE/A.P.Genco, 1 D.No.6502962, 11.No.3-I 053/A, Naagiri Street, G.S.T.Center, Srikalahasti-5 1 7 644, Chittoor Dt. 14) Md.Mahamood Basha, S/o Vlahamad Ibrahim Saheb, Age:74years, Retd.FM/A.P. Genco, 1 D.No.6503004, I I.No. I I - 1 -428, Aravind Nagar, Ananatapur- 5 15 001, 15) Cheenepalli Babu Rao. S/o C.L.Narasimha Rao Age;79 years. Retd.DE/A.P. Genco, ID No.6502947, #32, 1st A Cross, 6th Main, Behind Brigade Gardenia, Gouravnagar, .IP Nagar 7th Phase, Bangalore South, Bangalore-5 6007 8. 16) R.Subrahmanyam, S/o R.R.Kameswara Rao Age:77years, Retd.Maistry-GR.I/A.P. Genco, ID.No.6502747, D.No.9-14-82, Opp.L 1 C Office, Main Road, Kovvur-534 350. West Godavari Dist. 17) G.Sambasiva Rao, S/o G Rangaiah Age: 76 years, Retd.AAE/A.P. Genco, ID.No.6502285 D.No. 16-2-227/178, Flat No.G-2, Shanthi Niliyam, Sardar Patel Nagar, Kukatpalli, Flyderabad - 500 072. 31 5 18) Kotagiri Muthaiahchari, S/o.K.Venkatachari Age: 76 years, Retd.ADE/A.P. Genco, ID.No.6502299, Door.No3-l 17 A, Nuzivid Road, Mylavaram-52 I 230, Krishna Dist. 19) M.Sambasiva Rao, S/o M.Venkata Subbaiah Age: 80 years. Retd.ADE/A.P.Genco, 10.790.65021 17, D.No.20- 191, Near Old Water 7'ank, Yanamalakudtiru, Vijayawada-520 007, Krishna Dt. 20) Puli Satyanarayana Rao, S/o P Venkata Narasaiah Age: 75 years. Retd.FM/A.P.Genco, ID.No.65023 1 9, Flat.No.GE-2, Pawankumar Residency, Opp. Oil Mill, Simhachalam, Visakhapatnam-28.
2 1) I'.Satyanarrayana, S/o Venkanna Retd.Sl/A.P. Genco, Age: 73 years, 1 D.No.6502442, D.No.2-2, H/o R Subba Rao, Opp. Sivalayam, B-Colony, Kondapalli-52 1 228, Krishna Dist. 22) Attota Subba Rao, S/o A Lakshminarayana Rao Age:73years, Retd. Sl/A.P. Genco, ID.No.6502898, M.No.28-3-350, Sri Lakshmi Nagar, Rajagopal Rice mill Street, Mypadu Road, Nawabpeta, Nellore-524 002. 23) O.Surya Prakasa Rao, S/o O Sankaraiah Age: 77 years, Retd.AAE/A.P.Genco, ID.No.6502879 H.No.9-529, Kamsali Street, Srikalahasti-5 1 7 644, Chittoor Dist. 24) K. 1 lanumantha Rao, S/o K Subbaiah AGE: 78 years, Retd.ADE/A.P. Genco, I D.No.6502887, Flal.No.2 12, Block.No.2, Maruti Estates, Nagarjuna Homes, Opp.Vertex, Nizampet Road, Nizampet, Hyderabad-500 090. 25) Nallabanda Saduddin, S/o Nallabanda Abdul Gani Age:74 years. Retd.UDC/A.P.Genco, ID.No.6502832, H.No. 1-896, Bangla Thota, Nellore-524 002. 26) R.Ranga Rao, S/o Venkata Swamy Age:78years, Retd.ADE/A.P. Genco, ID.No.6502 I 75, FI.No.30-8-I 3, Bhanu Street, Near Neelamma Vepachettu, Dabagardens, Visakhapatnam-530 020. 27) Ch. Venkata Narasaiah, S/o Ch.Narasimhaiah, Age:74 years, Retd.ADE/A.P.Genco, ID.No.6502985, H.No.23-1 3-624, 3rd Street, NGO Colony, Netir NCC DlFice, Bhaktavatsala Nagar, Andhrakesari Nagar, Nellore-524 004. ^0 :: 6 :: 28) B Pencliala Reddy, S/o B Nagi Reddy Age:78years, Retd.DE/A .P.Genco, 1 D.NIo.650295 1 , l-l.TMo. 1 6-I 059, KVRNagar, Roard,NJo.2, Pogathota, Nellore-524 00 I . AND 1) State of Andhra Pradesh represented by its Special Chief Secretary, finance (EIR-111-PENSION,G PF) Department, Secretariat, Amaravathi. 2) A.P.Power Generation Corporation Limited represented by its Managing Director, Vidyuth Soudha, Gunadala, Elurti Road, Vijayawada - 520 004. .
Respondent/s Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court pleased to declare the G.O.Ms.No.30, may be Finance (HR-lll-Pension,GPF) Department, dated 20-02-2022 of the 1^' Respondent to the extent of reducing the Additional Quantum of Pension from 10% to 7% and 15% to 12% and also to the extent of giving effect of the on completion of 70/75 years instead same of commencement of 70/75 years and as adopted by the 2nd Respondent by Its G.O.O.No.32/CGM(Adm.lS and ERP) 2022, dated 27-05-2022 and also consequential recovery of Additional Quantum of Pension paid from 01-04- 2020 as per the pnnexure appended to the W.P. violative of Article 14 and 16 of the Constitution of India by writ,
order or direction as illegal, arbitrary and issuing appropriate more particularly in the nature of Mandamus and consequently direct the 2nd Respondent to pay Additional Quantum of Pension lOpercent or 15percent as the case may be and also direct to refund of Additional Quantum of Pension recovered from the petitioners as per the annexure forthwith with interest @ 12% p.a.
lA NO: 1 OF 2022 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 suspend G.O.Ms.No.30, Finance (HR-111-Pension,GPF) Department, dated 20-02-2022 of the 1^* Respondent to the Quantum of Pension from 10% to 7% and 15% of giving effect of the extent of reducing the Additional to 12% and also to the extent same on completion of 70/75 years instead of commencement of 70/75 years and as adopted by the 2nd Respondent by its G.O.O.No.32/CGM(Adm.1S & ERP) 2022, direct the 2nd Respondent to pay Additional Quantum 15% as the case may be to the petitioners pending disposal of the above writ petition. dated 27-05-2022 consequently or Pension @ 10% or
Counsel for the Petitioners: SRI K. RAMA SUBBA RAO Counsel for the Respondent No.1: GP FOR SERVICES I Counsel for the Respondent No.2:SRI M. VIDYASAGAR, (STANDING COUNSEL FOR APGENCO ) The Court made the following: COMMON ORDER
APHC010709222022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE WRUPEimON Nos.4188^, 16062, 16067. 1847^, & 27933 OF 2022 P MANDAVA COMMON ORDFR - Heard Sri K. Rama Subba Rao and Sri P. Narasimha Rao, learned counsels for the petitioners and Sri VV Satish, learned Standing Counsel APEPDCL, learned counsel Sri Y.Nagi Reddy and learned Government Pleader for Services-I, appearing for the respondents. for 2, Since the issues involved in the Writ Petitions are same, it is considered appropriate to dispose of the 'Common Order’. one and the cases by way of a
39 The Writ Petitions are filed challenging the proceedings of the respondent vide G.O.Ms.No.30, Finance (HR-lll-Pension, GPF) Department dated 20-02-2022, reducing the Additional Quantum Pension (for short AQP) from 10% to 7% with effect from 01.04.2020 and consequently recovering the AQP @ 3% that has already been paid to the petitioners, from the pension payable for the month of July 2022. 3.
1 The petitioners are all retired employees of the 2 respondent Corporations. To provide financial support to pensioners of the increase in medical care expenditures, the government has brought in effect the concept of Additional Quantum Pension vide G.O.Ms No.6, Finance (Pension-I) Department, dated 12-01-2019. As per the said GO, it was proposed to grant AQP to pensioners in the age group of 70-100 years, ranging from 10-50% of basic pension. At the said rates, the orders sanctioning the amount were also issued. However, the government, vide the impugned proceedings, has taken a decision to revise the rate at which the AQP was paid earlier by reducing it from 10% to 7% for the category of persons, who have attained the age of 70 years. And from 15 to 12% to those persons, who have attained the age of 75 years and so on. Pursuant to the said revision, the respondents have affected the recovery of the sums paid in the past from the petitioners at a rate of 3% with effect from 01.04.2020, in a lump sum. it is contended that without passing the order for recovery of the same, the respondents have unilaterally deducted the sums. 4. nd rd and 3 in view
40
5. the learned counsel for the petitioners relies on the decision of in the case of Virendra Dutt Gyani wherein it is observed as follows; the Division Bench of Gauhati High Court \/s. The Union of India & 5 others\
"27. Let us now revert back to Section above, is again extracted hereunder for 17 B of the Act which though convenience of the deliberation;- quoted 17-B. Additional quantum of pension or family pension- Every re„re, Ju,ge or s„er h,e 6es„. ,arr,i,y. as the case may be.
shat, be entitled to an additional quantum of pension or family pension iin accordance with the following scale:- Age of pensioner or family pensioner Additional quantum of pension or family pension From eighty years to less than eighty five years Twenty percent of basic pension or family pension From eighty five years to less than ninety years Thirty percent of basic pension or family pension. From ninety years to less than ninety five years Forty percent of basic pension or family pension. From ninety five years to less than hundred years Fifty percent of basic pension or family pension. From hundred years or more Hundred percent of basic pension or family pension. VA/.P.(C) No.4224 of 2016, doted 15.03.2018
41 28, If we look at the first two slabs, we find that the first slab is from 80 years to less than 85 years and the second slab is from 85 years to less than 90 years. The second expression in both the slabs is quite clear: it is either less than 85 years or less than 90 years. Now, if we apply the interpretation given by the respondents to the first expressions i.e., from 80 years and from 85 years, consequence would be that on completion of 80 years to less than 85 years a retired judge would be entitled to the first scale of additional pension and again on completion of 85 years to less than 90 years, the retired judge would be entitled to the second scale of additional pension. In this process, not only the 80f year would stand excluded, even the 85'" and 90‘" years would be excluded. Likewise, the 95'" year as well as the tOO'" year would also be excluded. This could not be and certainly was not the intention of the law Therefore, by applying purposive interpretation, we have no hesitation mind that the interpretation put forward by the respondents is not only unreasonable and irrational leading to an anomalous situation, it would also defeat the very object behind insertion of Section 17B in the Act.
” makers in our The above judgment of the Division Bench of the Gauhati High Court been affirmed by the Hon’ble Apex Court. He further relies on the decision of the Hon’ble Apex Court in the case of Thomas Daniel Vs. State Of Kerala and others, and contends that the unilateral order of effecting recovery arbitrary and unjust. has IS The respondent No.1 filed common counter affidavit stating that government has both the competency and discretion to take a valid policy decision by taking into the consideration of various factors including financial position. It is further stated that, the government has competency to exercise taking policy decisions and extending the same to employees/pensioner from a particular date. 6. the its power for
42
7. The learned Standing Counsel Sri V.V.Satish, appearing for the respondents would argue that Corporation does not have Rules and it has adopted the Pension Rules of the Therefore, the same have been followed separate pension State government, as modified and amended. He relying on the decision of the Hon’ble Apex Court decision in the case of State of Himachal Pradesh and Others Vs. Rajesh Chander Sood and others,^ argues that it is well within the authority of the state Government in exercise of its administrative powers to fix a cutoff date for continuing the right to receive pension in some and depriving the same to others. 8. As seen from the record, the contention of the respondents that the government has decided to allow AQP on attaining age of 70 years onwards does not appear to be correct, in as much as the government vide G.O.Ms.No.6 dated 12-01-2019 has granted AQP at the rate of 10% age group of 70 to 75 years. The 11"^ PRC had also opined that 70 reasonable threshold point for granting an Additional Quantum Pension at 10 /o of the basic pension.
However, the impugned order reads as if it is the first G.O., granting AQP for the age group of 70 to 75, and it has been issued to the years is a without superseding the earlier G.Q.Ms No.6 dated 12-01-2019, under which for the pensioners between the age group of 70 to 75% were already recognized and were receiving the pension. Thus, the said action is not sustainable. When the respondents are aware of the earlier G.Q. on the ^ 2016 (10) see 77
43 issue, they could have sought a clarification from the government before passing orders unilaterally without the knowledge of the petitioners and recovery of the same with retrospective effect without informing, not only results in financial hardship but would also cause mental agony to the retired people, defeating the purpose for which it was granted. Having regard to the fact that the abrupt adoption of the same by the concerned departments/ corporations/undertakings, without notice to the petitioners would cause financial hardship to them, who are retired from service. The further interpretation by respondents that the same is to be granted only after completion of the respective age, as specified under respective slabs such as 70 years, 75 years, and so on, at the specified rates, is not sustainable, as it is based on an unreasonable and illogical
9. interpretation. If it is to be construed that only after completion of 70 years, one would be eligible for AQP 7% of the basic pension, and on completion of 75 years at an enhanced rate of 12% basic pension, and so on, the interpretation of the respondents creates a situation where a gap is created between reaching from one slab to another, and one cannot claim any sum during the said gap, which is not the intention behind awarding AQP. The Hon’ble Apex Court in the case of Thomas Daniel Vs.
State Of Kerala and
44 others, after referring to its decision in the case of State of Punjab and others Vs. Rafiq Masih (White Washer) and Others, ^ observed that:- anJn J I
“as;77 (White Washer) , Where/n this court examined the validity of an order passed hi the Sta.e to recover the monetary gains wrongly exuded to the Lnefidan employees in excess of their entitlements without % Tull or m srepresen alien at the behest of the recipient This Court cTs Led situations of hardship caused to an employee, if recoveLis dZLeTof 'dmburse the employer and disallowed the same, exempli^ the benliLarv employees from such recovery. It was held thus: ^ oenericiary if a determination is rendered favour of the party, which is the weaker of the two, without any serious detriment to the other (which is truly a welfare State) ^o'^sonance with the concept of justice, which IS assured to the citizens of India, even in the Preamble of the Constitution of India. The right to recover being emp/oyer, will have to be compared with the effect of the recovery on the employee concerned. If the effect of the recovery from the employee concerned would be more more improper, and more unwarranted amount, then it would be iniguitous and arbitrary, to effect the ^ employee's right would outbalance, and therefore eclipse, the right of the recover. in employer to XXX XXX XXX
18. It IS not possible to postulate all situations govern employees on ibe issue of recover ZbeTpeymeLs eTve fh^^r^ employer, in excess of their entitlement Be that as It may, based on the decisions referred to hereinabove ready reference, summarise the following few situations by the employers, would be impermissible in law: we may, as a wherein recoveries (i) Recovery from the employees belonging to Class III and Class IV service (or Group C and Group D service), (li) Recovery from the retired employees, or the employees who are due to retire within one year, of the order of recovery, (iii) Recovery from the employees, when the excess payment has been made for a period in excess of five years, before the
order of recovery is issued, (iv) Recovery in cases where an employee has wrongfully been reguired to discharge duties of a higher post, and has been paid (2015) 4 see 334
45 accordingly, even though he should have rightfully been required to work against an inferior post, (v) In any other case, where the court arrives at the conclusion, that recovery if made from the employee, would be iniquitous harsh or arbitrary to such an extent, as would far outweigh the equitable balance of the employer's right to recover. ” (14) Coming to the facts of the present case, it is not contended before that on account of the misrepresentation or fraud played by the appellant, the excess amounts have been paid. The appellant has retired
31.03.1999. In fact, the case of the respondents is that excess payment was made due to a mistake in interpreting Kerala Service Rules which was subsequently pointed out by the Accountant General. (15) Having regard to the above, we are of the view that an attempt to recover the said increments after passage of ten years of his retirement unjustified. ” or us on IS In view of the same, it is not the case of the respondents that higher rate of AQP was paid on account of misrepresentation of the petitioner(s) herein.
10. Thus placing reliance on the judgment of the Hon’ble Apex Court in the case of Thomas Daniel \/s. State Of Kerala and others and decision
11. of the Gauhati High Court in the case of Virendra Dutt Gyani (referred supra), affirmed by the Hon’ble Apex Court, Writ Petition Nos.41889, 16062, 16067, 18472, 24745, 27897 & 27933 of 2022 are disposed of with the following directions; I. Placing reliance on the decision of the Gauhati High Court in the case of Virendra Dutt Gyani’s case (referred supra), affirmed by the Hon’ble Apex Court, it is observed that the petitioners are entitled for payment of Additional Quantum of Pension from the first day of 70"" year.
f. 46 The concerned departments/corporations/Discoms
directed to refund the amount that has been from the petitioners within a period of eight (8) weeks from the date of receipt of copy of this Court’s order. are recovered With regard to the reduction of Additional Quantum Pension from 10 % to 7 % and 15 % of to 12%, the petitioners are at liberty to seek appropriate clarification from the Special Chief Secretary, Finance (HR-lll- PENSION, GPF) Department, by way of an application. Upon filing of such an application, the Special Chief Secretary, Finance (HR-lll-PENSION, GPF) Department, through concerned corporations/Discoms two G.Os i.e., G.O.Ms.No.6 dated 12.01.2019 the same within three (3) months from the date of of copy of this Court’s order. with regard to G.O.Ms.No.30 dated 20.02.2022, and is directed to dispose of receipt
12. Accordingly, Writ Petition Nos.41889 16062, 16067, 18472, 24745, 27897 & 27933 of 2022 are disposed of, with the above directions. As a sequel, all pending miscellaneous applications shall stand closed Today, after Sri K. Rama Subba Rao 1®‘ petitioner in W.P.No.18472 of 2022 died pronouncement of orders. the
learned counsel appearing for the petitioner submits that the
47 Accordingly, Writ Petition dismissed as abated, against the IS 1 St writ petitioner in W.P.No.18472 of 2022.
SDI- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// SECTIO^^FFICER To, (HR-lll-PENSION,GPF)
1. The Special Chief Secretary, Finance Department, State of Andhra Pradesh, Secretariat, Amaravathi.
2. The Managing Director, A. P. Power Generation Corporation Limited, Vidyuth Soudha, Gunadala, Eluru Road, Vijayawada - 520 004. and Managing Director, Transmission Corporation of
3. The Chairman Andhra Pradesh, Vidyuth Soudha, Gunadala, Eluru Road, Vijayawada - 520 004.
4. The Superintending Engineer, Operation and Rajamahendravaram (PO) East Godavari District 533101. Superintending Engineer, Operation and Maintenance Circle, Vidyutsoudha, Gunadala, Vijayawada, NTR District. The Chief Secretary to Government of Andhra Pradesh, AP Secretariat building, Velagapudi, Amaravathi.
7. Principal Secretary to Government Energy, A.P Secretariat Buildings , Maintenance Circle Bommuru,
5. The
6. Velagapudi
8. The Chairman & Managing Director, Andhra Pradesh Eastern Power Corporate Office, Near Gurudwara P & T Distribution Company Ltd. Colony, Seetamma Dhara, Visakhapatnam(PO) 530013. Principal Secretary to Government(Finance), A.P Secretariat
9. The Buildings , Velagapudi.
10. The Superintending Engineer, Operation Circle, APEPDCL, Ullithota Veedhi, Godavaribund, Rajamahendravaram(PO) District-533101. East Godavari
11. The Divisional Electrical Engineer, Operation Division, APEPDCL, East Ullithota Veedhi, Godavaribund, Rajamahendravaram(PO) Godavari District.
12. The Chairman and Managing Director, A.P.Central Power Distribution Company Limited, Corporate Office, Beside Govt.Polytechnic, Road, Vijayawada - 520008.
13. One CC to Sri K. Rama Subba Rao, Advocate [OPUC]
14. One CC to Sri P. Narasimha Rao, Advocate [OPUO
15. One CC to Sri Nagaraju Naguru, Standing Counsel For APGENCO [OPUC]
16. OneCCto Sri M. Vidyasagar, SC for APGENCO [OPUC]
17. OneCCto Sri V. V. Satish (SC for APEPDCL) [OPUC]
18. Two CCs to GP for Services-I, High Court of Andhra Pradesh [OUT]
19. Two CCs to GP for Energy, High Court of Andhra Pradesh [OUT]
20. Two CCs to GP for General Administration, High Court of Andhra Pradesh [OUT]
21. Two CCs to Pradesh [OUT
22. Two CD Copies. ITI GP for Finance & Planning, High Court of Andhra ssb
HIGH COURT DATED:01/09/2025 COMMON ORDER WP Nos. 41889, 16062, 16067, 18472, 24745 27897 & 27933 OF 2022 75 SEP 2025 OV X- m; o •Vli' Current Section T<r DISPOSING OF THE WRIT PETITIONS DISMISSING THE W.P. AS ABATED PETITIONER IN W.P.No.18472 OF 2022 WITHOUT COSTS AGAINST THE