G.V. Sriramireddys/O. Nallappa ... vs Jawaharlal Nehru Technological ...
2023 Latest Caselaw 2467 AP

      THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

                                      AND

          THE HON'BLE SRI JUSTICE V. GOPALA KRISHNA RAO


                      WRIT PETITION No.1378 of 2007

ORDER:- (Per Hon'ble Sri Justice Cheekati Manavendranath Roy)

        This Writ Petition for a mandamus is filed to set aside the

amendment to Rule 25 of the Jawaharlal Nehru Technological University

Act,1972 (for short "the Act"), and to extend the benefit of the directions

given in the judgment, dated 09.07.2003, in W.P.No.8480 of 1993 to the

petitioners herein and further sought direction to the respondents to pay

the pensionary benefits to the petitioners, treating the age of

superannuation as 60 years in accordance with the Andhra Pradesh

Revised Pension Rules, 1980.

2. Heard learned counsel for the petitioners and learned Standing

Counsel for the respondent - University.

3. The petitioners are all non-technical staff members working in

Jawaharlal Nehru Technological University. Originally their age of

superannuation is 60 years. Subsequently, Rule 25 of the Act was

amended reducing their age of superannuation to 58 years. Challenging the

said amendment and also seeking direction to treat the superannuation

age of the petitioners as 60, the present Writ Petition has been filed as

noticed supra.

4. However, at the time of hearing, learned counsel for the petitioners

did not press for the prayer of the petitioners relating to challenge made to

Rule 25. He has confined his request only to permit the petitioners to retire

at the age of 60, which was the original age of superannuation.

5. Learned Standing Counsel for the respondent - University would

also fairly concede that the University has no objection to permit the

petitioners to retire at the age of 60 and to claim pensionary benefits as

sought for in view of the earlier orders passed by the single Judge of this

Court in W.P.No.472 of 2010, dated 09.09.2021, and W.P.No.24023 of

2009, dated 03.09.2021. Learned counsel for the petitioners also placed on

record the copies of the said two orders passed in the above two writ

petitions.

6. In W.P.No.472 of 2010, this Court held at para Nos. 5 and 6 as

follows:

"5. So far as the application of the Andhra Pradesh Revised Pension Rules, 1980 (for short, „1980 Rules‟), is concerned, the petitioner was in service as on the date of coming into force of 1980 Rules. Earlier, in a batch of writ petitions, this Court held that the petitioners therein were entitled to the benefit of 1980 Rules."

"6. In the light of the above, the writ petition is disposed of directing the respondent-University to determine the pension and other benefits of the petitioner in accordance with 1980 Rules treating his age of superannuation as 60 years."

7. Similarly, in W.P.No.24023 of 2009 also, this Court held at para

No.3 as follows:

"3. At the time of hearing, learned counsel for the petitioners submits that questioning the similar action of the respondents in not fixing the retirement benefits as per Andhra Pradesh Revised Pension Rules, 1980 (for short, '1980 Rules'), W.P.No. 5968 of 1990 was filed before the composite High Court of Andhra Pradesh at Hyderabad and by order dated 22-07-2002, the Court allowed the writ petition holding that the pension of the petitioners therein shall be determined in accordance with 1980 Rules, treating their age of superannuation as 60 years and that against the said order, the respondent-University preferred an appeal vide W.A.No.1926 of 2002 and a Division Bench of the composite High Court, while dismissing the appeal on 20-03-2003, held that the respondents therein were employees of Government before they came to be transferred to Jawaharlal Nehru Technological University and as per the Rules, they had to superannuate on attaining the age of 60 years and

the submission of the respondent-University that 1980 Rules should not apply for the services rendered beyond the period of 58 years was rejected. A batch of writ petitions, challenging the similar action of the respondent-University, came to be filed and the same were allowed and they became final, copies of which have been annexed to the present writ petition. In fact, all the petitioners have been superannuated at the age of 60 years prior to the so called amendment. Learned standing counsel appearing for the respondent-University has, however, not disputed the above factual aspects."

8. Therefore, in view of the aforesaid orders passed by this Court, this

Writ Petition is disposed of directing the respondent - University to

determine the pensionary benefits of the petitioners in accordance with the

Andhra Pradesh Revised Pension Rules, 1980, treating their age of

superannuation as 60 years, within a period of three months from the date

of receipt of copy of this order or from the date on which a copy of this

order is placed by the petitioners, whichever is earlier. No costs.

As a sequel, miscellaneous petitions, if any pending, shall

stand closed.

______________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY

_____________________________________ JUSTICE V. GOPALA KRISHNA RAO

Date: 26.04.2023 AKN/NSM

THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

AND

THE HON'BLE SRI JUSTICE V. GOPALA KRISHNA RAO

WRIT PETITION No. 1378 of 2007

Date: 26-04-2023

AKN/NSM