Telangana High Court
J. Deepu Kumar vs The State Of Telangana on 23 July, 2025
THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO
WRIT PETITION NO.5724 of 2025
ORDER:
This Writ Petition is filed seeking a writ of mandamus declaring the action of respondent Nos.1 to 4, having adopted and implemented the Government of India's New Pension Scheme, in not adopting the guidelines of the Official Memorandum dated 17.02.2020 issued by the Deputy Secretary to Government of India, vide Ref.No.57/04/2019-P & PW(B) and official memorandum under reference No.57/05/2021-P & PW(B), dated 03.03.2023 and consequently direct the respondents to adopt and implement the guidelines of the official memorandum dated 17.02.2020 and 03.03.2023 either by adopting or modifying the Telangana State Revised Pension Rules, 1980 or to issue official memorandum alike with the Government of India Official Memorandum dated 17.02.2020 and 03.03.2023, so as to give effect to the petitioners herein.
2. The brief facts of the present case are that the petitioner No.1 herein have appeared for the DSC 2003 examination and got selected and appointed as S.G.T, (apprentice) at Primary School, Marlakunta (T), Gandhari Mandal, Nizamabad District. Before the results of DSC 2003 were announced, the 2 Government has issued notification No.10/04, for recruitment of Senior Accountant posts under Group-II Services. Similarly, petitioner Nos.2, 4 and 5 were also selected as SGT Apprentice under DSC 2003. Petitioner No.3 has applied for the said post and got selected and appointed as Senior Accountant in the unit of Nizamabad District, Treasuries and Accounts Department. Consequently, petitioner No.3 was transferred from the Education department to the Treasuries and accounts Department and presently working as Sub-Treasury Officer at Divisional Sub Treasury Office, Banswada, Kamareddy District. Petitioner No.3 is contributing to the Contributory Pension Scheme (C.P.S) as per Rules, prescribed under G.O.Ms.No.654, Finance (Pension-I), dated 22.09.2004 and G.O.Ms.No.655, Finance (Pension-I), dated 22.09.2004. Petitioner Nos.4 and 5 have applied to the post of Senior Accountants under Group-II post, in response to the Government notification Nos.32/2007 and 10/04, results were announced in the year 2010 and 2007 respectively. Subsequently, they were relieved from the Education Department and posted to Treasuries and Accounts Department.
3. In the budget for 2001-2002, Government of India have announced that all new pension scheme based on a defined 3 contribution would be implemented in respect of Central Government service including All India Services such as Indian Administrative Services, Indian Police Services, Indian Foreign Service etc., after 01.10.2001. The combined State of Andhra Pradesh and Telangana vide its G.O.Ms.No.653, Finance (Pension-I) Department, dated 22.09.2004 and decided to adopt the Government of India's New Pension Scheme based on defined contributions for the employees of State, who are newly recruited on or after 01.09.2004. Under the new Contributory Pension Scheme each employee has to contribute certain amount and government may contribute certain amount, but prior to that, when old pension scheme was prevailed, there was no such contribution required from the employees. While the matter stood thus, taking into consideration various representations/references and decisions of the Courts and after careful analysis of the same, the Government of India, issued clarifications, that old pension scheme has to be applied in case of candidates, who were selected prior to 01.01.2004, but their appointments were got delayed due to administrative reasons. Representations were received by the Government of India, after issuance of official memorandum under reference No.57/04/2019-P & PW(B), dated 17.02.2020 requesting to 4 extend the said benefit of pension on the ground that their appoints was made against the advertised for recruitment prior to notification of National Pension System and referred to Court Judgments of various High Courts and Central Tribunals and considering the same, respondent No.5 issued further clarification by way of official memorandum under reference No.57/05/2021-P & PW(B), dated 03.03.2023.
4. In compliance of the said official memorandum, the learned Principal District and Sessions Judge(Head Quarters), Delhi had issued circular vide No.889/11653-12653, dated 05.04.2023, giving opportunity to the employees like nature of the petitioners herein, whose appointments were based on vacancies and notifications issued prior to effective date of NPS scheme. Hence, the present Writ Petition.
5. Heard learned counsel appearing for the petitioners and learned Assistant Government Pleader for Services-I and III and perused the material available on record.
6. Learned counsel appearing for the petitioners submits that appropriate orders be passed in this Writ Petition by directing the respondents to consider the petitioner's case and pass appropriate orders in accordance with law. 5
7. Learned counsel further submitted that the present writ petition is squarely covered by the order passed by the High Court of Judicature at Bombay dated 28.04.2023 in W.P.No.2270 of 2021. The relevant portion of the judgment reads as under:
"30. Resultantly, the writ petition succeeds. It is declared that petitioners shall be governed by the provisions of the Old Pension Scheme in vogue prior to 01.11.2005, as well as General Provident Fund Scheme. Petitioners shall not be governed by the provision of the Defined Contributory Pension Scheme introduced vide G.R. dated 31.10.2005. The petitioners' contribution to DCPS be credited to their GPF Accounts. The modalities as suggested in para-8 of the office Memorandum dated 03.03.2023 issued by the Government of India be adopted while switching over petitioners from DCPS to Old Pension Scheme.
31. We hope and trust that the State of Maharashtra would issue Office Memorandum similar to Office Memorandum dated 03.03.2023 issued by the Central Government clarifying that in all cases where State Government employee has been appointed against a post or vacancy which was advertised/notified for recruitment/appointment prior to the date of notification for Defined Contributory Pension Scheme i.e., 31.10.2005 and is covered under the Defined Contributory Pension Scheme on joining service on after 01.11.2005, may be given one time option to be covered under the M.C.S (Pension) Rules, 1982. Such officer memorandum would avoid further litigation".6
8. The present writ petition is also squarely covered by the common order passed by the Division Bench of this Hon'ble Court dated 19.03.2025 in W.P.Nos.22559, 15644 and 11398 of 2023. The relevant portion of the judgment reads as under:
"The opinion of this bench is that the case of the petitioners herein would fall within the Old Pension Scheme. Bu considering the fact that there is no information submitted by either of the respondents in respect of opportunity being given to the petitioners to exercise their options, we feel it desirable and appropriate that the respondents shall seek options as a one time measure from all the petitioners, who are covered under the present writ petitions and any other employees who are recruited and whose selection process was commenced prior to 01.09.2004 as against the vacancies which had arisen much prior to 31.12.2003. Consequently respondents shall take further steps accordingly and make applicability of the relevant pension rules to the petitioners as opted by them, which are applicable to them as per the Judgment of the High Court of Bombay in Khilari Rajendra Eknath's case (Supra). It is further directed that the entire exercise shall be completed by the respondents within a period of three (03) months from the date of receipt of a copy of this order".
9. Learned Assistant Government Pleader for Services-I and III has not seriously disputed the above fact and submitted that the respondents would consider the case of the petitioners and pass appropriate orders in accordance with law. 7
10. In view of the aforesaid submissions, the respondent- authorities are directed to consider the case of the petitioners by following the order passed by the High Court of Judicature at Bombay dated 28.04.2023 in W.P.No.2270 of 2021 and also the common order passed by the Division Bench of this Hon'ble Court dated 19.03.2025 in W.P.Nos.22559, 15644 and 11398 of 2023, and pass appropriate orders in accordance with law, as expeditiously as possible, preferably within a period of eight (8) weeks from the date of receipt of a copy of this order.
11. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.
Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.
______________________________________ NAMAVARAPU RAJESHWAR RAO, J Dated: 23.07.2025 VSU