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2006 Supreme(SC) 356

ARIJIT PASAYAT, TARUN CHATTERJEE
Transmission Corpn. , A. P. LTD. – Appellant
Versus
P. Ramachandra Rao – Respondent


JUDGMENT

Arijit Pasayat, J.—Challenge in this appeal is to the judgment rendered by a Division Bench of the Andhra Pradesh High Court dismissing the writ appeal filed under Clause 15 of the Letters Patent. Order of learned Single Judge allowed writ petition filed by the respondents was affirmed.

2. Background facts in a nutshell are as follows :

Respondents retired from the services of the Andhra Pradesh State Electricity Board (in short the ‘Board’) on 30.4.1990 after attaining the age of superannuation. The Transmission Corporation of Andhra Pradesh Ltd. (in short the ‘Corporation’), is the successor company of the Board which came into existence with effect from 1.2.1990 by virtue of the Andhra Pradesh State Electricity Reforms Act, 1998 (in short the ‘Reforms Act’). The pay scales of the employees were revised with effect from 1.7.1990 by which time the respondents herein were drawing maximum pay in the concerned scale. The rational of fixing the date with effect from 1.7.1990 was that employees who retired prior to 1.7.1990 are entitled to D.A. at the rate of 38% on the pension whereas the D.A. payable to pensioners retired on or after 1.7.1990 is 12.4%, but not before the date o






























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