WP/39063/2025 of Justice G. Sri Devi Vs The Union of India on 16 March 2026

1. The Uhion of lndia, Represented by its Secretary, Ministry of Law and Justice, Shastri Bhawan, New Delhi- 110001.

2. The Chief Controller (Pensions), Central Pension Accounting Office, Ministry of Finance, Government of lndia, Trikoot-ll, Bhikaji Cama Place, New Delhi - 1 10066.

3. The State of Telangana, Rep. by its Chief Secretary, General Administration Department, Dr. B.R. Ambedkar Telangana Secretariat, Hyderabad.

4. The Accountant General, State of Telangana, Accountant General Office Complex, Saifabad, Hyderabad - 500004.

5. The Director, Directorate of Treasuries and Accounts, Government of Telangana, Raja Ram Building, Tilak Road, Abids, Hyderabad -500001.

6. The Pay and Accounts Officer, CPS/NPS Office, {nsurance Building Complex, Tilak Road, Abids, Hyderabad -500001.

7. The Hon'ble High Court of Telangana, Rep. by its Registrar General, High Court Buildings, Hyderabad - 500066. .RESPONDENTS Petition under Article 226 of the Constitution of lndia prayi4g that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order, or direction, more particularly, one in the nature of Mandamus. D

a. declaring the action of the 3rd to 6th Respondents herein in not considering, and not acting upon the process of disbursal of pension to the Petitioner, as illegal, arbitrary, and violative of Articles 14, 16, 21, and 300A of the Constitution of lndia and,

b. directirrg the 3rd to 6th Respondents herein to process the pension papers of the Petitioner so as to facilitate the disbursal of such pensionary benefits to the Petitioner, as t;he is entitled to, including the arrears of unpaid pension and interest accrued therec,n. l.A. NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed irr support of the petition, the High Court may be pleased to direct the 3rd to 6th Respondents to initiate the process for the sanction of pension to the Petitioner, as she is entitled to, pending disposal of the present writ petition. Counsel for thre Petitioner: SRI PAIDA PRATIK REDDY Counsel for thre Respondent No.l & 2: SRI B.NARSIMHA SARMA, ADDL. SOLICITOR GENERAL OF INDIA Counsel for the Respondent No.3: Ms. M.SHALINI, GP FOR SERVTCES-II Counsel for the Respondent No.4: SRI M.MURALI The Court made the following: ORDER

IN THE HIGH COURT FOR THE STATE OF TELAIIGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE NARSING RAO NANDIKONDA W.P.No.39063 OF 2025 16,03.2026 Between: Justice G.Sri Devi Petitioner AND The Union of India, Rep. by its Secretary, Ministry of Law and Justice, Shastri Bhawan, New Delhi- I l0 001 and 6 others .Respondents ORDER: (per Hon'ble Sri Justice P.Sam Koshy) Mr. Paida Pratik Reddy, leamed counsel for the petitioner and Mr.B.Narsimha Sarma, leamed Additional Solicitor General of India (ASGI) for respondent Nos.l and 2, Ms.M.Shalini, leamed Government Pleader for Services-ll for respondent No.3 and Mr.M.Murali, leamed counsel for respondent No.4. Perused the ,' i : ..ij fl E record.

-f

2. llhe instant is a writ petition which has been filed by a former Judge of this High Court seeking for an appropriate directic,n to respondent Nos.3 to 6 for granting pension at the revised pension payable to the petitioner under the Old Pension Schemr:.

3. 1'he petitioner was originally a Judicial Officer under the State of Uttar Pradesh. On the basis of seniority, she was further elevate,J as Hon'ble Judge of Allahabad High Court on 22.1 1.2018. The pe:itioner was subsequently transferred to the High Court for the State of Telangana on 02.05.2019 where she assumed charge on 15.05.2019 and on attaining the age of superannuation, she demitted the office on 09.10.2022.

4. S,ince the petitioner retired from the High Court for the State of Telangana, she was entitled for retiral/pensionary benefrts from the State of Telangana. The petitioner was entitled for pension under the Old Pension Scheme as long as she was working as Judicial officer at the initial stage and subsequently also as Hon'ble Judge ,:f Allahabad High Court. However, since she assumed charge in the High Court for the State of Telangana, inadvertently she was notified under the Contributory Pension Scheme or under the New Pension Scheme. [n the process, on retirement, the petitioner was being paid a paltry sum of aroqnd Rs.17,5001- per month towards pension as against her actual entitlement of Rs.1,12,5001- under the Old Pension Scheme. [t is for this reason the present writ petition was filed after repeated correspondences made by the petitioner when it could not fetch any positive results.

5. After issuing notice to the respondents, both the State of Telangana as also the office of the Account General scrutinized the claim of the petitioner and finally found that, in fact, the petitioner whs actually entitled for pension under the Old Pension Scheme in terms of the option that she had exercised while serving in the State of Uttar Pradesh. As for the benefit that the petitioner in between had received under the Contributory Pension Scheme, she was supposed to make the refund and the contributions which stood credited with the HDFC Bank also had to be returned back to the State treasury enabling the department to process her claim for the pension under the Old Pension Scheme. Today, the learned counsel for the petitioner has submitted that the petitioner, in fact, has repaid the whole of the contribution she has received Likewise, the learned Government Pleader for Services II has also stated that the money with the HDFC bank has'also been paid back to the (iovernment.

6. tJn the previous date of hearing, the State of Telangana had represented and stated that they have already made the coffes[)ondences principally accepting the entitlement of the petitioner and have made a suitable coffespondence with the High Court for the State of Telangana which, in turn, had made the necessary correspondence to the office of the Principal Accountant Genera[.

7. The learned ASGI, assisted by the learned counsel appearing for the Accountant General, today produced order dated 13.03.2026 issued to the Under Secretary, Government of India, Ministry of Law, Justice and Company Affairs (Department of Justice,r, New Delhi granting approval and sanction so far as the pension payable to the petitioner under the Old Pension Scheme is concerned and also granting calculation of pension which the petitioner would be entitled for, including all the arears the petitioner would be entitled for from the date of her superannuation till date. The learned ASGI further submitted that since the present order from the office of the Accountant General had been issued by speed post on 13.03.2026, it is only a matter of time for the department to actually implement the same and in all probability, the same would be executed at the earliest and that considering the claim of the petitioner, it would expedited on priority basis.

8. Given the said submissions made by the learned ASGI based upon the correspondence issued by the Principal Accountant General dated 1,3.03.2026 to the Under Secretary, Government of India, Ministry of Law, Justice and Company Affairs (Department of Justice), New Delhi, with copy marked to the petitioner as also to the Registrar General, High Court for the State of Telangana, subject to the necessary sanction as has been sought from the Hon'ble President of lndia in terms of the letter dated 13.03.2026, it is expected that the pension under the Old Pension Scheme \ , I I .! t. I i I r payable to the petitioner, as has been approved by the department, .l

To, would be implemented as expeditiously as possible, preferably within an outer limit of eight weeks from today.

9. tMith the aforesaid observations and directions, the present writ petition stands disposed of. There shall be no order as to costs. ()onsequently, miscellaneous petitions pending, if any, shall stand closed. Sd/.T.SRINIVASA REDDY ASSISTANT //TRUE COPY// OFFICER

1. The secretary, Ministry of Law and Justice, shastri Bhawan, New Delhi, Union of lndia - 110001 .

2. The Chief Controller (Pensions), Centrat Pension Accounting Office, Ministry of Finarrce, Govemment of lndia, Trikoot-ll, Bhikaji Cama Place, New Delhi - 1 10066.

3. The Chief Secretary, General Administration Department, Dr. B.R. Ambedkar Telangana Secretariat, Hyderabad, State of Telangana.

4. The Ac:ountant General, State of Telangana, Accountant Generat Office Comple:<, Saifabad, Hyderabad - 500004.

5. The Ditector, Directorate of Treasuries and Accounts, Government of Telangana, Raja Ram Building, Tilak Road, Abids, Hyderabad -s00001.

6. The Pay'and Accounts Officer, CPS/NPS Office, lnsurance Building Complex, Tilak Road, Abids, Hyderabad -500001.

7. The Registrar General, High Court of Telangana, High Court Buildings, Hyderabad - 500066.

8. One CC to SRI PAIDA PRATTK REDDY, Advocate tOpUCl

9. One CC to SRI M.MURALI, Advocate [OpUC]

10. Two CCs to GP FOR SERVICES-II, High Court for the State of Telangana at Hyderabad [OUTI

11. one cc to sRI B.NARSIMHA SARMA, ADDL. soLtclroR GENERAL oF lNDlA, l-ligh court for the state of relangana at Hyderabad topucl

12. Two CD Copies BSR/PMK (W

fI HIGH COURT DATED: tr610312026

ORDER

WP.No.39063 of 2025 ".1i;" .n ', i-:i; $ ()

P A

R 2[2[ * ISPOSING OF THE WRIT PETITION, WITHOUT COSTS J- t5 fxs rlal* D : I