V.Sabitha Devi vs The State Of Telangana,
2023 Latest Caselaw 3295 Tel

      HON'BLE SRI JUSTICE J. SREENIVAS RAO

           WRIT PETITION No.41118 of 2016

ORDER:

This writ petition is filed seeking declaration of

the impugned proceedings of the 2nd Respondent

bearing Rc.No.524/Ser.III/2014, dated 31.01.2015

and consequential proceedings of the 3rd respondent

bearing Rc.No.1921/B1/2015-1, dated 25.03.2015

and set aside the same as being illegal, arbitrary and

contrary to the directions given by the Hon'ble

Tribunal in O.A.No.8904/2011 and batch dated

24.11.2014 and consequently hold that the

applicants are entitled to count past service rendered

by them from the date of their original appointment

till the date of regularization of their services for the

purpose of pension and pensionary benefits.

2.    During       the          course       of       hearing,

Sri   R.Rajasekhara      Rao,    learned    counsel   for    the

petitioners submits that similarly situated employees

have approached the Andhra Pradesh Administrative

Tribunal and filed O.A.No.2889 of 2015 and batch

and the same was disposed of. Questioning the same

the respondents therein filed W.P.No.1425 of 2019.

The Division Bench of High Court of Andhra Pradesh

at Amaravati dismissed the W.P.No.1425 of 2019 on

15.10.2019 relying upon the judgment of Hon'ble

Apex Court in State of Tamil Nadu Vs. T.N.

Registration Department Ministerial Service

Association 1 and Division bench judgment of this

Court reported in Devarakonda Srilakshmi Vs.

Government of A.P. 2 confirming the orders passed

by the APAT in O.A.No.6524 of 2014 and batch dated

14.11.2014 and the said order has become final. The

learned counsel further submits that in another case

viz., W.P.No.14855 of 2018, the learned Single Judge

of this Court taking into consideration the judgment

of the Hon'ble Apex Court allowed the writ petition on

14.11.2022 and directed the respondents to process

the pension proposals of the petitioner therein and

2001 10 SCC 473

2010 (2) ALD 165

issue the pension payment order sanctioning the

pension and pensionary benefits duly computing the

services from the date of appointment of the

petitioner for the purpose of sanction of pension and

the learned Government Pleader for Services-I has not

disputed the same.

3. In view of the same, the impugned rejection

order vide Rc.No.524/Ser.III/2014, dt.31.01.2015

passed by respondent No.2; consequential

proceedings vide Rc.No.1921/B1/2015-1, dated

25.03.2015 passed by respondent No.3 are set aside

and consequently respondents are directed to

compute the services of the petitioners from the date

of their appointment for the purpose of sanction of

pension within a period of two(2) months from the

date of receipt of a copy of this order.

4. Accordingly, the writ petition is allowed. No

costs.

Pending miscellaneous applications, if any, shall

stand closed.

______________________________ JUSTICE J. SREENIVAS RAO

Dated:18.10.2023

Smk