APHC010185072023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] TUESDAY,THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 10990/2023 Between: 1. PULLAGURA KUMARI, W/O P. REDDIAH (LATE), AGED ABOUT 50 YEARS, WIDOW, R/O D.NO.1-105, NEW MUNDA PALLI (VIL),CHENNUR MDL, KADAPA - 516162. ...PETITIONER AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND UD DEPT., SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, , ANDHRA PRADESH., AMARAVATHI, GUNTUR DISTRICT. 3. THE COMMISSIONER, MUNICIPAL CORPORATION, KADAPA, YSR DISTRICT. 4. THE DISTRICT AUDIT OFFICER, STATE AUDIT, KADAPA, YSR DISTRICT. ...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 an appropriate writ, order or direction more particularly one in the nature of Writ of mandamus to declare the action of Respondents in not granting and finalizing the pensionary benefits of the petitioner's husband, considering his past service rendered, at least 2 DR,J W.P.No.10990 of 2023 w.e.f.16.08.1993, prior to regularization of his services as illegal, arbitrary, discriminatory, violative of Articles 14 and 16 of the Constitution of India and consequently, direct the Respondents to finalize and settle the Pension, gratuity and other benefits of the petitioner's husband, by computing his past service rendered prior to regularization of his services, in accordance with Rule 13 and 14 of AP Revised Pension Rules, 1980 and also as per the Law laid down by the Honourable Court, reported in in 2021 (2) ALT 527 and further grant and release all the pension benefits, including of family pension to the Petitioner, with interest on the delay payment and to pass Counsel for the Petitioner: 1. POODATTU AMARENDER Counsel for the Respondent(S): 1. POTHAM VENGALA REDDY SC For M.Corporation in Rayalaseema region In 2. GP FOR SERVICES IV 3 DR,J W.P.No.10990 of 2023 The Court made the following ORDER:- The writ petition is filed seeking the following relief: “…to issue an appropriate writ, order or direction more particularly one in the nature of Writ of mandamus to declare the action of Respondents in not granting and finalizing the pensionary benefits of the petitioner's husband, considering his past service rendered, at least w.e.f.16.08.1993, prior to regularization of his services as illegal, arbitrary, discriminatory, violative of Articles 14 and 16 of the Constitution of India and consequently, direct the Respondents to finalize and settle the Pension, gratuity and other benefits of the petitioner's husband, by computing his past service rendered prior to regularization of his services, in accordance with Rule 13 and 14 of AP Revised Pension Rules, 1980 and also as per the Law laid down by the Honourable Court, reported in 2021 (2) ALT 527 and further grant and release all the pension benefits, including of family pension to the Petitioner, with interest on the delay payment …” 2. Heard learned counsel for the petitioner and learned Standing Counsel appearing for respondents. 3. The contention of petitioner is that the husband of the petitioner was appointed in the 3rd respondent – Corporation on 25.03.1987 as NMR and subsequently, the then Municipality, Kadapa has released pay scales to petitioner from 16.08.1993. Consequently, the 1st respondent has considered and regularized the services of the petitioner vide G.O.Ms.No.456 dated 02.09.2000. While working in the 3rd respondent - Corporation, the husband of the petitioner died on 24.09.2021. Accordingly, the 3rd respondent has 4 DR,J W.P.No.10990 of 2023 prepared pension proposal and same was forwarded to the 4th respondent in the month of August, 2022 but the same was returned by the 4th respondent vide proceedings dated 15.10.2022 raising certain objections as follows: “Whether the post of NMR is pensionable post – Non pensionable post may be clarified. If there is any Government order or clarifications for the count of NMR service to pension may be produced to audit for early authorization of family pension.” Though the said objections were raised on 15.10.2022, so far, the respondents have not released the pension by counting the services of the petitioner who worked as NMR. 4. Learned counsel for the petitioner has placed reliance on the identical issue decided by the Hon’ble Division Bench of this Court in Smt. G.Mandamma Vs Commissioner and others1. The operative portion of the order reads as follows: “Accordingly, we are of the opinion that the deceased employee who was working as a temporary employee under the pay of the Government since 01.07.1996 would be entitled to avail of the pensionary scheme under the 1980 Rules by computing his qualifying service from the date when he was paid minimum time scale from the State exchequer, i.e., 01.07.1996. Thus, the impugned order passed by the Tribunal is set aside. The second respondent is directed to compute the family pension payable to the 1 2021 (2) ALT 527 (DB) (AP) 5 DR,J W.P.No.10990 of 2023 petitioner under the 1980 Rules by treating the qualifying service of the deceased employee from 01.07.1996 when he was temporarily employed in Kurnool Municipality with minimum time scale of pay. Such computation shall be made and the family pension and gratuity payable to the petitioner be released within two (2) months from date.” 5. On a perusal of the above observations of the Division Bench, it is evident that the issue has already been clarified by this Court, and a direction was issued to grant family pension to the petitioner under the 1980 Rules by treating the qualifying service of the deceased employee from the date on which he was temporarily employed with minimum time scale of pay. 6. Hence, this Court is also of the same opinion. Accordingly, the present writ petition is disposed of directing the respondents, more particularly, 4th respondent, to consider the proposal submitted by the 3rd respondent treating the petitioner’s services as qualifying services from 16.08.1993 for the payment of pension. However, there shall be a direction to the respondents that computation shall be made based on the above observations to release the pension. The said exercise should be completed within a period of two (2) months from the date of receipt of a copy of this order. 7. Accordingly, the writ petition is disposed of. No costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. _______________________ JUSTICE D.RAMESH Date: 03.02.2026 Dvs 6 DR,J W.P.No.10990 of 2023 THE HONOURABLE SRI JUSTICE D.RAMESH 242 WRIT PETITION No.10990 of 2023 Dated: 03.02.2026 Dvs