APHC010699112022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] MONDAY, THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 41322 OF 2022 Between: 1. M VENKATAMMA, WIFE OF PULLANNA, AGED ABOUT 62 YEARS, OCC PUBLIC HEALTH WORKER 1ST DIVISION (RETD), OFFICE OF COMMISSIONER, KURNOOL MUNICIPAL CORPORATION, KURNOOL, RESIDENT OF H.NO.3/262, 2ND FLOOR, BESIDE, AMRUTHA APARTMENT, SANKEL BAGH, KURNOOL, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION URBAN DEVELOPMENT DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER, KURNOOL MUNICIPAL CORPORATION, KURNOOL. ...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 may be pleased topleased to issue a writ or order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not releasing the pension as illegal, arbitrary, irregular and against the principles of natural justice and consequently direct the 3rd respondent to release the pension with 12percent interest from the date of retirement till the date of payment as per the Honourable Supreme Court Judgment and pass 2 IA 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 pleased to direct the respondents to release the provisional pension to the petitioner, forthwith, pending disposal of the above Writ Petition; and pass IA NO: 1 OF 2024 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 may be pleased to grant leave to the petitioner herein (respondent No.2 in Writ petition No. 41322 of 2022) to file counter affidavit in the above writ petition and pass Counsel for the Petitioner: 1. K RAJYA LAKSHMI Counsel for the Respondent(S): 1. POTHAM VENGALA REDDY SC For M.Corporation in Rayalaseema region In 2. GP FOR SERVICES I 3 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 41322 OF 2022 The Court made the following order: Challenging the inaction of the respondents in not granting pensionary benefits, the present writ petition is filed. 2. Heard Smt. K.Rajya Lakshmi, learned counsel for the petitioner and learned Assistant Government Pleader for Services-I appearing for the respondents. 3. It is contended that the petitioner was appointed as a NMR in the year 1986 in the Kurnool Municipal Corporation. The services of the petitioner were regularized vide proceedings dated 12.06.2008 in the category of Public Health Worker in the same Municipal Corporation. The petitioner attained the age of superannuation on 30.06.2020. However, the pensionary benefits were not released by the respondents, compelling the petitioner to file the present writ petition. 4. It is stated that the respondents withheld the grant of pensionary benefits on the ground that the petitioner falls under the Contributory Pension Scheme (CPS), which came into force with effect from 01.01.2004. Under this scheme, each employee is required to contribute amount towards the said scheme and the employer also would contribute. 5. The 2nd respondent filed a counter-affidavit stating that the services of the petitioner were regularized on 04.09.2008, after the Contributory Pension 4 Scheme (CPS) came into effect vide G.O.Ms.No.653, Finance (Pension-I) Department, dated 22.09.2004. As per the said G.O., State Government employees appointed on or after 01.09.2004 fall under the Contributory Pension Scheme. Since the petitioner's services were regularized after the said scheme came into force, the petitioner is not entitled to the sanction of service pension. 6. It is further contended that the issue regarding the counting of past service for pension and pensionary benefits is pending before the Hon’ble Apex Court. As the said issue is yet to be settled, the petitioner is not eligible for the sanction of service pension at this stage. 7. Smt. K. Rajya Lakshmi, learned counsel for the petitioner urges that although the petitioner's services were regularized in 2008, the fact remains that the petitioner was initially appointed in 1986 and had completed five years of service as on 17.09.1991, with proposals for regularization pending. Therefore, it is contended that the provisions of the Contributory Pension Scheme (CPS) would not be applicable to her case. 8. It is further argued by learned counsel for the petitioner that the Hon’ble Apex Court has already dismissed the Special Leave to Appeals (C) arising out of the judgment of the composite High Court for the States of Telangana and Andhra Pradesh in W.P.No.41719 of 2015. 9. Considered the rival submissions. 5 10. Having regard to the fact that the petitioner was in service even before the Contributory Pension Scheme (CPS) came into force and having regard to the fact that the Special Leave to Appeals (C) filed by the respondents were dismissed and in light of the decision of the Hon’ble Apex Court, this Court deems it appropriate to dispose of the writ petition directing the respondents to consider the petitioner’s case for the grant of pensionary benefits expeditiously, taking into consideration of her past service before 2004. 11. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. _____________________________ JUSTICE KIRANMAYEE MANDAVA Date: 18.08.2025 BSK 6 58 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 41322 OF 2022 Date: 18.08.2025 BSK