Telangana High Court
C.Murali Krishna vs State Of Telangana on 11 December, 2024
THE HON'BLE SRI JUSTICE PULLA KARTHIK
WRIT PETITION No.34916 OF 2024
O R D E R:
With the consent of the parties, this Writ Petition is taken up for disposal, at the admission stage.
2. This Writ Petition is filed, under Article 226 of the Constitution of India, seeking the following relief:
"...to issue a writ, order or direction more in the nature of writ of Mandamus declaring that the petitioner is entitled to be counted his past service rendered in the post of Secondary Grade Teacher by duly treating the resignation made to the post of S.G.Teacher as Technical resignation consequent on his selection to the post of Deputy Tahsildar pursuant to Notification No.10/1999 with all consequential benefits including applicability of Revised Pension Rules, 1980 to the petitioner in terms of Government Memo No.21944/379/A2/Pen.I/2005, Finance Department, dated 26.9.2005 and the Office Memorandum issued by the Government of India, Ministry of Personnel, Public Grievances & Pensions Department of Pension and Pensioners welfare dated 3.3.2023 by holding the action of the respondents in including the name of the petitioner to Contributory Pension Scheme, 2004 without considering the past service rendered by him in the post of S.G.Teacher prior to his selection to the post of Deputy Tahsildar thereby defeating and denying the fruits of the earlier service rendered in the post of S.G.Teacher including applicability of Revised Pension Rules, 1980 in his case is as illegal, arbitrary, unjust, discriminatory, non-application of mind and violative of Articles 14, 16, 21 and 300-A of the Constitution of India and pass..."
3. Heard Sri P.Narasimha, learned counsel for the petitioner and learned Government Pleader for Services-I for the respondents.
4. Learned counsel for the petitioner submits that the petitioner was initially appointed as Secondary Grade Teacher in Mahabubnagar District pursuant to DSC-1994 and joined in the said post during May, 1995. Thereafter, the petitioner was selected as Deputy Tahsildar and was allotted to Mahabubnagar District PK,J Wp_34916_2024 2 vide proceedings, dated 23.02.2005 and he joined in the said post in March, 2005. Therefore, the petitioner rendered ten years of service in the cadre of SGT till March, 2005. Subsequent to appointment as Deputy Tahsildar, the petitioner was promoted to the posts of Tahsildar and Deputy Collector in the years 2011 and 2023 respectively. It is further submitted that the respondents are not counting the past service of the petitioner and are considering his case under the New Contributory Pension Scheme on the ground that the petitioner joined as Deputy Tahsildar in March, 2005 i.e., subsequent to the introduction of New Pension Scheme. Further, the Government, vide Memo, dated 26.09.2005 has held that an in-service employee, who was covered under the earlier pension rules joins another organisation/department where the same rules were applicable after submitting a technical resignation, such employee will be treated outside the purview of New Contributory Pension Scheme and vide Memo, dated 03.03.2023, had held that the persons who were recruited against the posts/vacancies advertised/notified for recruitment on or before 22.12.2003 are applicable to Old Pension Rules. Admittedly, the petitioner was selected to the post of Deputy Tahsildar pursuant to Notification No.10/99. Therefore, the petitioner is entitled for counting of past service including all the benefits as per Old Pension Rules and he cannot be treated under PK,J Wp_34916_2024 3 New Contributory Pension Scheme. Hence, the petitioner has made representation to respondent No.2 on 16.08.2024 requesting to consider his case for extension of Revised Pension Rules, 1980 by taking into consideration the past service rendered by him and the same is pending consideration. Therefore, learned counsel prays this Court to direct respondent No.2 to consider the representation, dated 16.08.2024, submitted by the petitioner in the light of Memo, dated 26.09.2005 and 03.03.2023, and pass appropriate orders, within a stipulated period of time.
5. Learned Government Pleader for the respondents submits that respondent No.2 will consider the representation, dated 16.08.2024, submitted by the petitioner and pass appropriate orders, in accordance with law.
6. Having regard to the submissions made by the learned counsel for the respective parties and without going into the merits of the case, this Writ Petition is disposed of directing respondent No.2 to pass appropriate orders on the representation, dated 16.08.2024, submitted by the petitioner, in the light of the Memo No.21944/379/A2/Pen.I/2005, dated 26.09.2005 and No.57/05/2021-P&PW(B), dated 03.03.2023, strictly in accordance with law, as expeditiously as possible, preferably within a period of six (6) weeks from the date of receipt of a copy of this order and PK,J Wp_34916_2024 4 communicate a copy thereof to the petitioner. There shall be no order as to costs.
Miscellaneous petitions pending, if any, shall stand closed.
____________________ PULLA KARTHIK, J Date : 11.12.2024.
TMK