HON'BLE SRI JUSTICE K.SURESH REDDY
W.P.(A.T).No.1420 of 2021
ORDER:-
Questioning the proceedings issued by the 3rd respondent, vide
L.Dis.No.1873/B4/2015, dated 13.11.2017 treating the service period of the petitioner from 16.06.1989 to 18.06.1995 and from 01.06.1997 to 20.06.2004 as not on duty and also not counting the said period for the purpose of pension and other retirement benefits, the petitioner filed O.A.No.3535 of 2017 before the Andhra Pradesh Administrative Tribunal at Hyderabad (for short, 'the Tribunal'). After abolition of the Tribunal, the said O.A., was transferred to this Court and re-numbered as W.P.(A.T).No.1420 of 2021.
2. Heard Smt.G.Kavitha, learned counsel for the petitioner as well as learned Government Pleader for Services-III appearing for the respondents.
3. When the matter is taken up for hearing, both learned counsel would submit that the issue involved in the present writ petition is squarely covered by the order of the Hon'ble Supreme Court in B.Srinivasulu Vs. Nellore Municipal Corporation, 2 represented by Commissioner, Nellore1 and the order of a Division Bench of this Court in Government of Andhra Pradesh Vs. N.Venkaiah2.
4. In the light of the above judgments, the Writ Petition is allowed and the respondents are directed to extend the benefit of past service to the petitioner in terms of the judgments in B.Srinivasulu (1st supra) and N.Venkaiah (2nd supra) for the purpose of pensionary benefits, within a period of three (03) months from the date of receipt of a copy of this order.
Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
_______________ K.SURESH REDDY,J 14th day of october,2022 RPD 1 2019 (3) SCT 697 (SC) 2 2018 (4) ALT 6 (D.B.) 3 HON'BLE SRI JUSTICE K. SURESH REDDY W.P.(A.T).No.1420 of 2021 Dated: 14.10.2022 RPD