Telangana High Court
WP/46001/2022 of S.Baswalingam Vs The State of Telangana on 29 December 2022
COURT FOR THE STATE OF TELANGANA AT HYDERABAI) (Special Original Jurisdiction) THURSDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESTCNT THE HONOURABLE MRS JUSTICE SUREPALLI NANDA Ilehveen: S.Baswalingam, S/o Kondaiah, Occ. Retd.Employee R/o H.No. l-4-29l5A,/1, Rajendranagar
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HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAI)(Special Original Jurisdiction)
THURSDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND TWENTY TWOTWO THOUSAND AND TWENTY TWO
PRESTCNT
THE HONOURABLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION NO: 46001 OF 2022
Ilehveen:
S.Baswalingam, S/o Kondaiah, Occ. Retd.Employee R/o H.No. l-4-29l5A,/1, RajendranagarNew Town, Mahabubnagar District.
...PETITIONER
AND
l. The State ofTelangana, rep by its Special Chief Secretary to Govemment, RevenueDepartment (Ser.III) Secretariat, Hyderabad.Department (Ser.III) Secretariat, Hyderabad.
2. The State ofTelangana, rep by its Principal Seoretary Panchayat Raj and RuralDevelopment Depaftment Secretariat, Hyderabad.Development Depaftment Secretariat, Hyderabad.
3. The State of Telangana, rep by its Principal Secretary Finance Department (Pension)Secretariat, Hyderabad. .,,.Secretariat, Hyderabad. .,,.
4. The Chief Commissioner of Land Administration Telangana State, Station Road,Nampally, Hyderabad.Nampally, Hyderabad.
5. The Commissioner of Panchayat Raj and Rural Development, Urdu Galli,Himayathnagar, Hyderabad.Himayathnagar, Hyderabad.
6. The Accountant, General of Telangana Saifabad, IJyderabad .'t ...RESpoNDENTS
Petition under Article 226 of the Constitution of India praying that in thecircumstances stated in the affidavit filed therewith, the I{igh Court may be pleased toissue a Writ order or orders, particularly one in the nature of Writ of Mandamus declaringthe action of the respondents in not considering the past sen,ice of the petitioner as VAOfor the purpose of pension from the year 1992 to 2001 as arbitrary, illegal and violative ofArticle 14 and l6 of the Constitution of India and amounts to invividious discriminationand consequently direct the respondents particularly l'espondent No.1 to extend thebenefits of G.O.Ms.No. 388 Rev (Ser-lll) Department dated 20- 1l-2014 by extending 10years of past service of VAO for 1he purpose of pension to the petitioner by revising thepension accordingly and to pay arrears of pension and other antecedent beuefits that areaccrued to the petitioner;
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IANO: I On-2022
Petition under Section l5l CPC praying that in the c irc,rn'rstairces stated in theaffidavit filed in supp, rrt of the petition, the High Court may be pleas,:d to consider therepresentation 01'the I,etitioner dated l0-10-2022 submitted to tre respondent No.l lorinclusion of 10 years [,)f ]past sen'ice for the purpose of pensi,rn rs per C.O.Ms.No. 388Rev (Ser-III) Departmr nt dated 20-ll-2014/.
Counsel for the Petitioner : SRI. M V PRAVEEN KUMAR
Counsel for the llesporrdent Nos. I & 4 : GP FOR REVENIIECounsel for the Respot rdent Nos.2 & 5 : GP FOR PANCH,\Y.{T lf AJCounsel for the Resporrdent Nos.3 & 6 : GP FOR FINANCE ANI) |'LhNNINGThe Court made the fo lkrwing:
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THE HON'BLE MRS JUSTICE SUREPALLI NANDAW.P. No. 46001 of 2O2?"
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ORDER
Heard the learned counsel for the petitioner and also the learned Assistant Government Pleader forse rvr ces.
2. The Writ petitioner approached the Court seeking a Writ of Mandamus with a prayer, which reads asfoltows:
"fo lssue a writ order or orders particularly onein the nature of Writ of Mandamus declaring theaction of the respondents in not considering the pastservice of the petitioner as VAO for the purpose ofpension from the year 1992 to 2001 as illegal andarbitrary and consequently direct the respondentspafticularly respondent no.7 to extend the benefits ofG.O.Ms.No.3BB Rev.(Ser-III) Department dated20.11.2014 by extending 70 years of past seryice ofVAO for the purpose of pension to petitioner byrevising the pension accordingly and to pay arrearsof pension and other antecedent benefits that areaccrued to the petitioner."
3. The contention of the petitioner is that, inspite ofpetitioner's representation dated 70.LO .)-022 to therespondent No.1, no action has been taken by the respondenta uthorities.
4. It is submitted that the petitioner had re tired as VRO on31.70.202) on attaining the age of superanrr,Jation and thepetitioner': pension was sanctioned without extending 10years of service as contemplated under 3.O.t4s.No.3BB,Revenue Ser-III) Department, dated 20.8..2014, eventhough the petitioner had addressed a detailed representationdated 10.1).2022 and the same had been ac<nowledged bythe 1't reslrondent on 10.10.2022, no orders are [passed ]onthe petition rr's representation till as on date.
5. Without going into the merits of the ::rrse the writpetition is disposed of directing the resporrrlent no.1 toconsider the petitioner's representati,on dated10.10.2022 pertaining to the issue of con:;irleration ofthe petitiorrer's past service as VAO for thr: pu'pose ofpension from the year 1992 to 2OO1 and to revisepetitioner's pension by adding the said ser\rice and itsrelated be refits in accordance to law, and passappropriate orders, within a period of (4) 1F,r)ur weeksfrom the drte of receipt of copy of this r;ird,er dulycommunicaling the decision to the [petitioner. ]However,there shall t e no order as to costs.
To,
Miscellaneous petitions, if any, [pending ]shall [stand]
SD/-N.SRIHARIASSISTANT REGISTRAR//TITUE COPY///v-ISECTIONohuceIt closed.
l. The Special Chief Secretary to Govemment, Revenue Department (Ser.ll!Secretaria! Hyderabad, State of Telangana.Secretaria! Hyderabad, State of Telangana.
2. The Principal Secretary Panchayat Raj and Rural Development DepartmentS ecretariat, Hyderabad, State ofTelangana.S ecretariat, Hyderabad, State ofTelangana.
3. The Principal Secretary Finance Department (Pension) Secretariat, Hyderabad,State of Telangana.State of Telangana.
4. The Chief Commissioner of Land Administration Telangana State, Station Road,Nampally, Hyderabad.Nampally, Hyderabad.
5. The Commissioner of Panchayat Raj and Rural Development, Urdu Galli,Himayathnagar, Hyderabad.Himayathnagar, Hyderabad.
6. The Accountant, General of Telangana Saifabad, Hyderabad
7. One CC to SRI. M V PRAVEEN KUMAR Advocate [OPUC]
8. Two CCs to GP FOR REVENUE, High Cou( for the State of Telangana,Hyderabad [OUT]Hyderabad [OUT]
9. Two CCs to GP FOR PANCHAYAT RAJ, High Court for the State ofTelangan4 Hyderabad [OUT]Telangan4 Hyderabad [OUT]
10. Two CCs to GP FOR FINANCE AND PLANNING, High Court for the State ofTelangana, Hyderabad [OUT]Telangana, Hyderabad [OUT]
11. Two CD Copies
HIGIr [('OtiRl]
SN, J
DATLD:29112120?2
ORDERWP.No..l6001 of 2022
..4[.--=::===\],,- [s'.cle ]a3 ?,',?[IlIJ_aJ attt ).i WRIT PETITION IS T ISPOSED OF WITHOUT COSTS