Telangana High Court
T. Roop Singh vs Principal Secretary To Government Of ... on 1 March, 2024
THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR
W.P. (TR) No.5274 of 2017
ORDER:
This writ petition has been filed seeking to set aside the orders issued in Government Memo No.1517/Coop.I/A1/2015-2, dated 09.04.2015 and direct the Government to include the service of the applicant in APPSC from 24.09.1966 to 02.12.1968 (2 years 2 months and 8 days) and in APSEB from 16.05.1970 to 10.09.1978 (8 years 3 months and 24 days) in the qualifying service for pension duly condoning break in service in terms of Rule 28 of the A.P. Revised Pension Rules, 1980 with all consequential benefits.
2. It is the case of the petitioner that he was selected as Sub-Registrar of Cooperative Societies by the Andhra Pradesh Public Service Commission in the year 1978 and consequent to the said selection, he was appointed as Cooperative Sub-Registrar in the department of Cooperation by the Registrar of Cooperative Societies vide proceedings dated 31.08.1978. He joined in the department on 11.09.1978 and retired as Special Category Deputy Registrar (SCDR) on 30.11.1999.
3. While so, it is submitted that prior to joining in the aforesaid post, he worked as Lower Division Clerk from 24.09.1966 to 02.12.1968 in the APPSC and from 16.05.1970 to 10.09.1978 in APSEB. For the purpose of inclusion of his previous service rendered in the APPSC and APSEB as qualifying service for calculation of NVSK, J 2 W.P. (TR) No.5274 of 2017 pension, he made several representations dated 06.12.2000, 11.03.2002, 01.03.2005 and 21.09.2005 to the 2nd respondent, Commissioner for Cooperation and Registrar of Cooperative Societies. Since the said previous service did not include for calculation of pension, he was sanctioned only proportionate pension for the period of 21 years of service rendered in the 2nd respondent Society and therefore, he is deprived of his legitimate right of drawing full pension.
4. It is further submitted that based on the representation dated 11.09.2014 of the petitioner, the 2nd respondent vide letter dated 16.01.2015 called for copies of the proceedings of previous service rendered by the petitioner and forwarded the same to the Government vide letter dated 03.02.2015 with a request to issue appropriate orders for counting the previous service of the petitioner. The Government vide its Memo dated 09.04.2015, rejected the proposal of the 2nd respondent. Assailing the same, the petitioner filed the present writ petition.
5. On behalf of the respondents No.1 and 2, counter affidavit has been filed stating that the petitioner joined in Cooperative Department as Coop Sub Registrar (re-designated as Assistant Registrar) on 11.09.1978 and retired as SCDR on 30.11.1999. The petitioner was sanctioned pension vide P11/1/R-70/SP 335/2000-06 of the Accountant General (A&E) @ Rs.4400/- PM. After 15 years of retirement, the petitioner submitted a representation on 11.09.2014 stating that he has submitted representations earlier during 2000 and NVSK, J 3 W.P. (TR) No.5274 of 2017 2005 wherein he has requested to merge his earlier service rendered in APPSC and APSEB for the purpose of pension. Since there were no recorded evidences of his earlier representations in the office, he was requested to furnish copies and proofs of previous services rendered besides papers of connected records, if any, available with him. In response to the said letter, he has submitted certain documents pertaining to two departments where he stated to have worked prior to joining in Cooperative Department. With regard to service in APPSC, Service Certificate vide C.No.983/ADA/3/2014, dated 21.11.2014, issued by the Assistant Secretary of APPSC, wherein it is mentioned that Sri. T. Roop Singh worked as L.D.C (Temporarily) in the office of the APPSC, Nampally from 24.09.1966 to 02.12.1968 and the Certificate was issued for the purpose to draw full pension. The petitioner could not produce any other documents in support of his services rendered in APPSC. The Service Certificate alone cannot fulfil the pre-requisite to confirm the regular employment in a department viz., whether appointment was made to a regular/substantive post or contract/outsourced basis; whether service has been regularised or not; whether the individual has been paid the basic pay and allowances as admissible to a regular employee; whether GPF number was allotted or not; whether the individual had any charges pending against him during his tenure; whether the individual had Service Register in the department, etc., the above mentioned preliminary details could not be verified/inferred NVSK, J 4 W.P. (TR) No.5274 of 2017 from Service Certificate alone in order to establish a confirmation of his appointment to a regular post having pension provision.
6. It is further submitted that with regard to service rendered in APSEB, the petitioner submitted appointment orders dated 08.05.1970 of the Superintending Engineer, APSEB, also produced revised orders vide Memo No. Est/Misc/C2/27681, dated 29.10.1970 of the APSEB, wherein the basic pay of the petitioner was revised. Though the said order would support his date of joining in APSEB but there is no evidence for his date of relief from the department. There are no other supporting documents regarding service period, pension provision, charges in the department, SR entries etc.
7. It is further submitted that as seen from the Service Register (Cooperative Dept) of the petitioner, there is no mention of his previous service rendered either in APPSC or APSEB. There is no evidence of prior permission as per Rule 26 of APRPR, 1980 (whether properly relieved or not). Moreover, the petitioner has not exercised his option within the period of (6) months of his appointment in Cooperative department as a direct recruit CSR and has not remitted any pension contribution. Hence, the request of the petitioner is barred by limitation.
8. It is further submitted that the employment details of the petitioner in APPSC & APSEB whether permanent/temporary or substantive appointment against permanent post, details of pay NVSK, J 5 W.P. (TR) No.5274 of 2017 drawn, GPF remittance and GPF number allotted to him etc., either in APPSC or APSEB are not made available. Without any relevant proofs to prove that the petitioner rendered Government service as prescribed, the request of the petitioner cannot be considered. Even in the absence of above mentioned proofs, soon after receipt of the representation of the petitioner dated 11.09.2014, the related documents were obtained and forwarded to the Government for consideration and the Government, after obtaining the concurrence of the Finance Department, rejected the proposal of the petitioner stating that the petitioner retired from service in 1999 and there are no indications and no representations of the petitioner have been examined by the Government earlier and there are no valid reasons or merits in the case and issued the impugned Memo.No.1517/Coop.I/ A1/2015-2, dated 09.04.2015. Hence, as the request of the petitioner to count his previous service is barred by limitation and is not enclosed with relevant proofs, the present writ petition is liable to be dismissed.
9. In reply to the counter, the petitioner filed reply affidavit stating that the petitioner had submitted representations dated 06.01.2000, 11.03.2002, 01.03.2002 and 21.09.2005 directly to the Head of the Department by meeting him in person to represent his case. No employee would ask for acknowledgement when he submits representations direct to Head of the Department and he fervently hoped that all his representations would be processed but to his NVSK, J 6 W.P. (TR) No.5274 of 2017 misfortune, all the papers were misplaced. It is further submitted that the petitioner has submitted a conclusive proof of having worked in A.P.P.S.C. from 24.09.1966 to 02.12.1968 in the form of a Service Certificate issued by the Assistant Secretary, A.P.P.S.C. dated 21.11.2014. In the above certificate, it is clearly stated that it is issued to draw full pension. The respondents ought to have included the service rendered by the petitioner in APPSC for the purpose of calculating qualifying service for pension purpose.
10. It is further submitted that according to Rule 13 of A.P. Revised Pension Rules, even the temporary service rendered in a post also counts for calculation of qualifying service for pension. The petitioner denies the apprehensions of the respondents as to whether any charges were pending against the petitioner. The petitioner submits that the very fact of a service certificate being issued by the Administrative Officer of APPSC in 2014 is a proof that the petitioner served the Department from 24.09.1966 to 02.12.1968 without any blemish.
11. It is further submitted that the petitioner had submitted appointment letter, pay fixation proceedings and a testimonial given by the controlling officer of A.P.S.E.B, Hyderabad. The above documents which are filed as material papers along with the affidavit clearly establish the fact of petitioner having worked in A.P. Electricity Board from 16.05.1970 to 10.09.1978 without any interruption and he rendered service in A.P.S.E.B. for more than 8 years without any NVSK, J 7 W.P. (TR) No.5274 of 2017 blemish and joined in the Cooperation Department as Coop-Sub Registrar on 11.09.1978 on selection by APPSÇ. According to Rule 13 of A.P.Revised Pension Rules 1980, qualifying service of Government Servant shall commence from the date he takes charge of the post to which he is appointed either substantively or in an officiating or temporary capacity. The contentions raised by respondents are wholly untenable and meant to deprive his legitimate right to draw full pension.
12. It is further submitted that the Commissioner for Cooperation and Registrar of Cooperative Societies for the first time on 16.01.2015 forwarded the proposal to the Government to include the previous service of petitioner in APPSC and APSEB in the qualifying service for calculation of pension. But the Government rejected the proposal strangely on the ground that there are no indications on record that earlier representations of individual have been examined by Government earlier whereas cause of action arose for the first time on 16.01.2015 when the 2nd respondent sent a proposal to the Government. The petitioner submits that he submitted several representations from the year 2000 to 2005 for inclusion of service spent in APPSC and APSEB but unfortunately they were all misplaced.
13. It is further submitted that the Government brought an enactment namely Maintenance and Welfare of Senior Citizens Act 2007 to provide for the Maintenance and Welfare of Senior Citizens. The petitioner is 80 years old and devastated in life due to passing NVSK, J 8 W.P. (TR) No.5274 of 2017 away of his wife, son and daughter in quick succession. It is regretted that the respondents are unreasonably denying him the legitimate right of drawing full pension and depriving him of financial benefit in the evening of his life.
14. In view of the above, the petitioner prayed to direct the respondents to include the service of the petitioner rendered in APPSC from 24.09.1966 to 02.12.1968 and in APSEB from 16.05.1970 to 10.09.1978 in the qualifying service for pension.
15. Heard the learned counsel Sri S.Ramananda Swamy appearing for the petitioner and the learned Government Pleader for Service-IV, who reiterated the averments made in their respective affidavits to substantiate their case.
16. Since it is a specific submission of the learned counsel for the petitioner that as per the Rule 13 of the Revised Pension Rules, 1980 even a temporary service rendered on any post also counts as qualifying service for calculation of pension, it is necessary to extract the Rule 13 of the Revised Pension Rules, 1980, which reads as under:
"13. Commencement of qualifying service:-
Subject to the provisions of the rules, qualifying service of a Government servant shall commence from the date he takes charge of the post to which he is first appointed either substantively or in an officiating or temporary capacity;
NVSK, J 9 W.P. (TR) No.5274 of 2017 Provided that -
(a) in the case of a Government servant in a Class-IV service or post who held a lien or a suspended lien on a permanent pensionable post prior to the 17th November, 1960, service rendered before attaining the age of sixteen years shall not count for any purpose; and
(b) in the case of a Government servant not covered by clause (a), service rendered before attaining the age of eighteen years shall not count, except for compensation gratuity."
17. In the case on hand, the documents submitted by the petitioner could not substantiate his earlier period of service. It has been categorically stated by the respondents in their counter that the Service Certificate dated 21.11.2014 issued by the Assistant Secretary of APPSC wherein it is mentioned that the petitioner worked as L.D.C. (Temporarily) in the office of the APPSC, Nampally from 24.09.1966 to 02.12.1968 and the certificate was issued for the purpose to draw full pension. Except the said certificate, the petitioner could not produce any other documents as stated in the counter affidavit. Further, the petitioner submitted appointment order dated 08.05.1970 in APSEB and also produced revised orders dated 29.10.1970 of APSEB wherein the basic of the petitioner has been revised. The said order would support his date of joining in APSEB but there is no evidence for his date of being relieved from the department and there are no supporting documents regarding service period, pension provision, NVSK, J 10 W.P. (TR) No.5274 of 2017 and the details of Service Register entries etc., and more particularly in the Service Register of the petitioner maintained by the Cooperative Department, there was no mention of his previous service rendered either in APPSC or APSEB. Similarly, another certificate issued by the Commission is only a character certificate.
18. In the counter affidavit it has been categorically stated that the petitioner after 15 years of his retirement, submitted a representation on 11.09.2014 stating that he has submitted petitions earlier during 2000 and 2005 wherein he has requested to merge his earlier service rendered in APPSC and APSEB for the purpose of pension. However, the petitioner has not explained the delay of 15 years.
19. Since the petitioner could not produce the sufficient relevant documents to count his alleged past service rendered in the APPSC and APSEB and the application of the petitioner is barred by limitation and in the absence of same, Rule 13 of the Revised Pension Rules, 1980 would not be applicable to the case of the petitioner and therefore, the respondents authority have rightly passed the impugned order dated 09.04.2015 and the same does not suffer from any legal infirmity warranting interference of this Court and therefore, this writ petition is liable to be dismissed.
Accordingly, this Writ Petition (TR) is dismissed. There shall be no order as to costs.
NVSK, J 11 W.P. (TR) No.5274 of 2017 As a sequel, miscellaneous applications, if any pending, shall stand closed.
________________________________ JUSTICE N.V. SHRAVAN KUMAR Date: 01.03.2024 LSK