Mr.K.Saraswathi Rao, vs The Union Of India,
2025 Latest Caselaw 6798 Tel

Telangana High Court

Mr.K.Saraswathi Rao, vs The Union Of India, on 27 November, 2025

Author: Surepalli Nanda

Bench: Surepalli Nanda

           HON'BLE MRS. JUSTICE SUREPALLI NANDA


                 WRIT PETITION No.4848 of 2019


ORDER:

Heard Sri K.R.Raman, learned counsel appearing on

behalf of petitioners, Sri N.Bhujanga Rao, learned Deputy

Solicitor General of India, appearing on behalf of the

respondent No.1 and Sri G.Venkateswarlu, learned standing

counsel for EPFO appearing on behalf of the respondent

2. The petitioners approached the Court seeking prayer

as under:

"...to declare the action of Respondents 2 to 4 in not allowing Petitioners to contribute to Pension Fund at the rate of 8.33% of their actual salary as arbitrary, illegal, discriminatory and unconstitutional and to issue any appropriate writ, order or direction more particularly one in the nature of writ of Mandamus under Article 226 of the Constitution of India directing Respondents 2 to 4 to accept remittances made by the Petitioners to the Pension Fund at the rate of 8.33 % of their actual salaries for the purpose of drawing higher pension after superannuation of Petitioners without insisting on any cut-off date and further to direct Respondents 2 to 4 to pay pension calculated at the rate of 8.33% of the actual

salaries per month of each of the Petitioners after their retirement from the service of Respondent No.5 and pass.".

3. Learned standing counsel appearing on behalf of the

respondent Nos.2 to 4 brings on record the Division Bench

judgment of this Court, dated 05.02.2025 passed in

W.P.Nos. 40733 of 2018 & batch and contends that the

subject issue in the present writ petition is squarely

covered by the Division Bench judgment of this Court, dated

05.02.2025 passed in W.P.Nos. 40733 of 2018 & batch,

which has become final.

4. The learned counsel appearing on behalf of the

petitioners does not dispute the said submission made by

the standing counsel appearing on behalf of the respondent

Nos.2 to 4.

5. Taking into consideration the fact as borne on record

that under similar circumstances, this Court disposed of

W.P.Nos. 40733 of 2018 & batch vide its order, dated

05.02.2025 and had passed orders in favour of the

petitioners thereunder and the same had even become

final, the present writ petition is also disposed of in terms

of the Division Bench judgment of this Court, dated

05.02.2025 passed in W.P.Nos. 40733 of 2018 & batch. No

order as to costs.

As a sequel, the miscellaneous petitions, if

any pending, in the Writ Petition shall also stand closed.

___________________________ MRS. JUSTICE SUREPALLI NANDA Date: 27.11.2025

Note

Registry is directed to append the copy of the Division Bench judgment of this Court, dated 05.02.2025 passed in W.P.Nos. 40733 of 2018 & batch to this order.

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