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High Court of Andhra Pradesh · body

2025 DAILYLAW 39454 (AP)

A. Krishna Murthy v. The Regional Provident Fund Commissioner

WP/44242/2018 · 2025-06-29

Venkata Jyothirmai Pratapa

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010904552018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 44242/2018 Between: 1. A. KRISHNA MURTHY, AGED ABOUT 60 YEARS, RETIRED CONDUCTOR, APSRTC, VENKATAGIRI DEPOT, VENKATAGIRI, SPS NELLORE DIST.(ADDRESS FOR COMMUNICATION FOR ABOVE PETITIONERS IS A. KRISHNA MURTHY, RTC CONDUCTOR, D/NO, 16-2-701/7/2/A, ANANDANAGAR, MALAKPETA, HYDERABAD. ) 2. V. SIVA PRASAD, AGED ABOUT 59 YEARS, RETIRED CONDUCTOR, APSRTC, E 514632, VENKATAGIRI DEPOT, VENKATAGIRI, NELLORE DIST. 3. P. PENCHALAIAH, RETIRED CONDUCTOR, AGED ABOUT 60 YEARS, APSRTC, E 514493, VENKATAGIRI DEPOT, VENKATAGIRI, NELLORE DIST. 4. S.S RAYUDU, S.S RAYUDUAGED ABOUT 59 YEARS, RETIRED MECHANIC, APSRTC, MARKAPUR DEPOT, MARKAPUR, PRAKASAM DIST. 5. S. LAXMAMMA, AGED ABOUT 59 YEARS, W/O LATE S. VANKATESWARLU, WORKED AS HELPER, E 500817, APSRTC, MARKAPUR DEPOT, MARKAPUR, PRAKASAM DIST. 6. SHAIK HABEEB, AGED ABOUT 60 YEARS, EX SMITH, APSRTC, E 511607, PODILI, PRAKASAM DIST. 7. SMT V. PRARNILAMMA, W/O LATE V. SUDHAKAR, 59 YEARS, WORKED AS DRIVE, VENKATAGIRI DEPOT, VENKATAGIRI, NELLORE. ...PETITIONER(S) 2 AND 1. THE REGIONAL PROVIDENT FUND COMMISSIONER, ,EMPLOYEES PROVIDENT FUND ORGANIZATION, BARKATPURA, HYDERABAD, 500 027 2. THE ASST PROVIDENT FUND COMMISSIONER/ ACCOUNTS OFFICER, EMPLOYEES PROVIDENT FUND ORGANIZATION, BARKATPURA, HYDERABAD - 500 027 3. ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, PANDIT NEHRU BUS STATION, VIJAYAWADA, AP, REP BY ITS MANAGING DIRECTOR. 4. THE SECRETARY APSRTC, PROVIDENT FUND (TRUST) BUS STATION, MUSHEERABAD, HYDERABAD. 5. REGIONAL MANGER, APSRTC, PRAKASAM REGION, ONGOLE, PRAKASAM DIST. 6. THE REGIONAL MANGER, APSRTC, NELLORE REGION, NELLORE, NELLORE DIST. ...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 to issue writ, order or directions more in the nature of Writ of Mandamus declaring the action of the 1st and 2nd respondents in not sanction of claim of the petitioners for higher pension pursuant to option exercised is unjust, arbitrary, contrary to the Employees Pension Scheme 1995, discriminatory and in violation of Article 14 and Article 21 of the Constitution of India and consequently direct the respondents to sanction the higher pension to the petitioners as per the higher option exercised by the petitioners and the higher amount remitted to the pension Fund in pursuance of Higher option as per proviso to para 11 (3) of Employees’ Pension Scheme, 1995 and pass such other order or orders as just and proper in the interest of justice. IA NO: 1 OF 2018 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 grant an interim direction to the respondents to sanction the higher pension to the petitioners, pending disposal of the writ petition and pass such other order or orders. 3 Counsel for the Petitioner(S): 1. M PITCHAIAH 2. P GOVINDA RAJULU Counsel for the Respondent(S): 1. T BALAJI 2. . The Court made the following: ORDER: Sri P.Govinda Rajulu, learned counsel for the Petitioners would submit that no further orders are required in this matter as the respondents have considered the request of the petitioners in granting higher pension, hence the petition may be disposed of. 2. Learned Standing Counsel for respondents 1 and 2 would submit that the petition may be disposed of recording the same. 3. In that view, the Writ Petition is dismissed, since relief has become infructuous. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 30.06.2025 ARR 4 63 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 44242/2018 Dt.30.06.2025 ARR