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4.

ig ig oe MG Roed, Governor meased to issue a writ or direc ston more garticularly one in the nature of WRIT OF MANDAMUS declaring t the Rule 98 of Andhra Pradesh Civil Pensions (Commutation) Rules, 1944 as flegal, arbitrary as if provides for restoration of full pension on completion of 15 years of recavery of commuted portion of | pension even though ihe recavering of Commuted Portion of Pension is aver with prescribed interest rate in 11 years O38 months and conse juently set aside the same by holding it as legal, arbitrary and violative of Anicls 14, 18 and 21 of Constitution of Indie as well as on the ground that fhe same is causing undue enrichment af the State at fhe cost of pensioner and if also dees not have any rational obleclive and intelligible differentia ta be achieved and consequently to pay the full pension to the petifoners and refund the . me Nay og sy. "

Bee i Z agen fa ey a ty My ae ae 'athe ca een iN po gh we EK ii we ko og goo, eB x & Chews or se wr ae 3 cy a es © eS Givi Pensions (Commutation) Rules, 1944 as Hegal, arbilrary as # provides for restoratien of full pension or completion of 15 years of recovery of commuted partion of pension even though the recovering of Commuted Portion of Pension is over with prescribed interest rate in 14 years OS months and consequently set aside the same by holding if aa legal, periad longer than 11. years OS fo unjust anrichment of the recovery as per Rule 18 of Andhra Pradesh Civil Pensions (Commutation) Rules, 1944 and consequently direct the respondents to refund the excess amount of Commuted Portion of Pensien recovered fram the petitioners fromm 186° installment:

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2. sircurmstances stated in the affidavil fied therewith, the High Court may be nleased fo issue an order, writ or direchon, more nanicularly one in the nature of WRIT OF MANDAMUS declaring that Rule 18 of Andhra Pradesh Civil Pensions (Commutation) Rules, 1944 Is ulfravires as ft provides for restoration of full pension on completion of 15 years of recovery of commuted portion of pension even though the recovering of Cor nuted Porfion of Pension is aver with prescribed interest rate in 4 years O& months and the action respondents recovery of cam puted parfion of pension sven fhough ihe recovering of commuted portion of pension is over wi fh orascribed interest rate and not retaining 15 years for restoration of cormmuted value of pension after adopting the commutetion Table-2 by In creasing the rate of Inferesl from 4.785% to @% per annum vide Go.Ms.Ne.100, dated 06.04. 2010 is diggal 2 & Seales F484 5 ae ae a os. fee Pee hy S bey ds sare arblvary and via infive of Anicies 14 and 27 af the Consifuton of india and consequently direct the respandents not fo further recover Commuted Porton of Pension in view of the petitioners repayment of entire pn rincigal arount with 8 percentage interest and aisc in view of further suffering recurring financial ings every month in pension and () direct the respondents fo refund the excess amount of Go smmted Portion of Pension recovered fram the petitioners fram 938° ingtallment, since the principal amount with Inferest has bean recovered from the petitioners in 155 equal monthly installments isell:

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3.The Principal Accountant General, AP, A.G Office, Mig Road, Gavernorpeia, Viayawada, 820002, NTR District, Andhra Pradesh.

4. District Treasury Officer, WG. District, District Treasury offices (O TAO), At ShAintavaram, WG Oistrict, Petition under Article 226 of the Constitution of India praying that in the olrcuymstances stated in the affidavit fled ierewih, the High Court ray be gleased may be pleased to issue a direction ar arder, more particularly, ane in the nature of writ of Mandamus, fa} declaring Rule 18 of AP Ch! Pensions (Commutation) Rules 1944, in so far as fixing 18 years from fhe date of reduction of pension, in arder to restore the commuted amount of pension, as egal, arbiirary, improper, fimrie@ive, unreasonaite, irrational, wolative of Articia 14 and 18 of the i Eft retired amployees, ib} declaring the action of the respondents in recovering the cornmmuted amount af pension beyond 14 years 3 S months (135 months), by which period the commuted sorton of pension is fully recovered, as dlegal, aritirary, discriminative, irrational and unreasonable, ic} and camsequently to direct the respondents to refund the excess amount of commuted portion of pension recovered fram the patifioners beyond 77 years 3 months (195 months), IANO: 7 OF 2024: