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High Court of Andhra Pradesh · body

2026 DAILYLAW 8879 (AP)

T. MasthanRao, v. The State of Andhra Pradesh,

WP/24328/2026 · 2026-08-30

Nyapathy Vijay

body2026

Judgment text

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Date of reserved for orders : -- Date of pronouncement : 31.08.2026 Date of uploading : 31.08.2026 APHC010423632026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY, THE 31st DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 24328/2026 Between: 1. T. MASTHANRAO,, S/O SITAIAH, AGED ABOUT 65 YEARS, RTD APSRTC DRIVER, E 503322, GUNTUR-2 DEPOT, R/O 2/1 ADDAROAD, KVP COLONY, GUNTUR, PIN -522004. 2. CH.P. RAMA RAJU,, S/O SESHAMRAJU, AGED ABOUT 65 YEARS, RETIRED DY SUPT (P) E 104627, HEAD OFFICE, R/O GACHIBOWLI, HYDERABAD, PIN -500032 3. MD. KARIMULLA, S/O MD. GHOUSE, AGED ABOUT 64 YEARS, RETIRED RECORD TRACER, HEAD OFFICE, E 384516, R/O 15-4-78, RTC COLONY, KOTHAPETA, GUNTUR PIN -522001 4. G. VENKATESWARLU,, AGED ABOUT 66 YEARS, S/OPEDDANNA, RETIRED ADC, MARKAPUR DEPOT E 500774, R/O CHAKALIVEEDI, MARKAPUR PIN -523316. 5. CH SHYAMBABU, AGED ABOUT 65 YEARS, S/OSUBRAHMANYAM RETIRED AS ADC, GUNTUR -2 DEPOT, R/O 'O' LINE, 4TH CLOCK, NALLACHEVU, GUNTUR- 522003. 6. V. SAMBASIVARAO, AGED ABOUT 67 YEARS, S/OSULEMAN, RETIRED AT GUNUR-2 DEPOT, R/O OLD GUNTUR, BHAMHATEMPLESTREET, GUNTUR- 522001. 2 7. K. UMAMAHESWARRAO,, S/O MOHANRAO, AGED 68 YEARS, RETIRED AS DY SUPT (M) AT GUNTUR -1 DEPOT, R/O MARKAPUR 10TH WARD PIN-523316. 8. CH.VENKATESWARARAO, S/O BULLAIAH, AGED ABOUT 70 YEARS, RETIRED AS DRIVER AT GUNTUR DEPOT-2, R/O SRINIVASARAO PET, 1ST LINE GUNTUR PIN - 500004. 9. K.CH. KASIREDDY, S/O VENGAIAH, AGED ABOUT 66 YEARS, OCC. RTD CONDUCTOR R/O. RAYAVARAM, MARKAPUR, M AND DIST. 523371 ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, TRANSPORT ROADS AND BUILDINGS DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH. PIN 522237 2. ANDHRA PRADESH PUBLIC TRANSPORT DEPARTMENT, REP BY ITS VC AND MD, PN BUS STATION, VIJAYAWADA, AMARAVATHI, ANDHRA PRADESH. PIN 520002. 3. THE EMPLOYEES PROVIDENT FUND ORGANIZATION, REP BY ITS REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYMENT PROVIDENT FUND ORGANIZATION, BHAVISHANIDHIBHAVAN, BARKATPURA, HYDERABAD, TELANGANA STATE. PIN- 500027 4. THE EMPLOYEES PROVIDENT FUND ORGANIZATION, REP BY ITS ASST PROVIDENT FUND COMMISSIONER, REGIONAL OFFICE, BHAVISHANIDHIBHAVAN, BARKATPURA, HYDERABAD, TELANGANA STATE. PIN- 500027 3 5. ANDHRA PRADESH PUBLIC TRANSPORT DEPARTMENT, REP BY ITS FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER, (APPTD) APSRTC, RTC HOUSE, VIJAYAWADA, KRISHNA DIST. PIN - 520013 6. ANDHRA PRADESH PUBLIC TRANSPORT DEPARTMENT, REP BY ITS SECRETARY PROVIDENT FUND TRUST APPTD ERSTWHILE APSRTC, RTC HOUSE, PN BUS STATION, VIJAYAWADA, KRISHNA DIST. PIN- 520013 ...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 declare the action of the Respondents 2, 5 and 6 in not sending the enhanced pay particulars of the petitioners to the Respondents 3 and 4 for re fixation of Pension as illegal, arbitrary, and violation of Article 14 and 21 of the Constitution of India and direct the Respondents 2, 5 and 6 to sent the enhanced pay particulars of the petitioners ie after effect of RPS -2013 and RPS-2017 to the Respondents 5 and 6 for to re-fix the pension of the petitioners including directing the Respondents 3 and 4 to re-fix the Pension of the petitioners after receipt of enhanced pay particulars of the petitioners from Respondents 2, 5 and 6 with all consequential benefits, including payment of arrears. IA NO: 1 OF 2026 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 direct the Respondents 5 and 6 to send the revised pay particulars of the petitioners to Respondents 3 and 4 for re-fixation of pension as per the Revised pay of the petitioner. 4 Counsel for the Petitioner(S): 1. P GOVINDA RAJULU Counsel for the Respondent(S): 1. GP FOR SERVICES II The Court made the following: Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No 5 HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.24328 of 2026 ORDER: 1. The present Writ Petition is filed questioning the action of Respondent Nos.2, 5 and 6 in not sending the enhanced pay particulars of the Petitioners to Respondent Nos.3 and 4 for re-fixation of Pension for effecting RPS-2013 and RPS-2017 and to declare the same as illegal and arbitrary. 2. The Petitioners were appointed in Respondent No.2-Department in various capacities and had retired from service after attaining the age of superannuation. The particulars of the Petitioners are extracted below; 1. T. Masthan Rao, Retd., APSRTC Driver, E 503322, Guntur-2 Depot Retired on 31.01.2018 2. CH.P. Rama Raju, Retd., Dy Supt., (P) E 104627, Head Office Retired on 30.06.2018 3. MD. Karimulla, retired Record Tracer, Head Office, E 384516 Retired on 31.01.2019 4. G. Venkateswarlu, retired ADC, Markapur Depot, E 500774 Retired on 30.04.2017 5. CH. Shyam Babu, retired as ADC, Guntur-2, Depot Retired on 31.05.2018 6. V. Sambasiva Rao, E 522001, Retired at Guntur- 2 Depot Retired on 31.12.2017 7. K. Umamaheswar Rao, Retired as Dy. Supt., (M), at Guntur-1 Depot, E 392597 Retired on 31.05.2017 8. CH. Venkateswara Rao, E 353394, Retired as Driver at Guntur-2 Depot, RPS-2013 effected after retirement in the year 2015 Retired on 31.12.2014 9. K. Ch. Kasi Reddy, S/o. Vengaiah, Aged about 66 years, retired Conductor, Markapur Depot, Rayavaram, Markarapuram District – 523 371. Retired on 31.08.2018 6 3. It is stated that the Revised Pay Scales were introduced in the year 2013 and Petitioner No.8, who retired on 31.12.2014 could not get the benefit of the Revised Pay Scales, 2013 as they were implemented after his retirement. Similarly, the Revised Pay Scales, 2017 were implemented after the retirement of Petitioner Nos.1 to 7 and they also could not get the benefit of Revised Pay Scales, 2017. In that context, the Petitioners submitted representations seeking for sending their pay particulars to the authorities concerned for re-fixation of Pension in terms of the Revised Pay Scales, 2013 and 2017 respectively. As no action is being taken thereon, the present Writ Petition is filed. 4. Learned Assistant Government Pleader appearing for the Respondents would submit that if fresh representations are submitted by the Petitioners, the same would be examined and appropriate decision will be taken and the same will be communicated to the Petitioners. 5. Considering the submissions, the Writ Petition is disposed of, with the following directions; i) The Petitioners are directed to submit fresh representations to the Respondents seeking for enhanced benefit of Revised Pay Scales, 2013 and 2017 respectively for re-fixation of Pension within a period of four (4) weeks from the date of receipt of a copy of this order; 7 ii) On receipt of such representations, the Respondents shall examine the same, take appropriate decision and communicate the same to the Petitioners within a period of three (3) months thereof; iii) No order as to costs. 6. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 31.08.2026 IS 8 HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.24328 of 2026 Date: 31.08.2026 IS