Andhra Pradesh High Court
Judges : GODA RAGHURAM
Mahaboob Basha - Appellant
Versus
Government Of A.P., Panchayat Raj and Rural Development - Respondent
Decided On : 04-07-03
Administrative Tribunals act, 1985 - Sections 14 and 19 - Central administrative Tribunal (Procedure) Rules, 1987 - Rules 4 and 6 - Proposals for pension - Claim for pension - Service registers - Respondent returned proposals along with Service Registers to respondent by letter stating that as per Department only those conductresses/ conductors whose appointment was prior to are eligible for pension and that petitioner mother was not eligible as she was appointed in absence of any specific orders of government - Petitioner urges that his mother s services were converted into last grade service with effect from as per provisions of Department – Held, At any rate all orders qualifying the service and conditionality’s subject to which persons who have put in contingent service are entitled to be treated as regular servants conditionality’s relatable to eligible service for grant of pension etc are all product of administrative instruments - No legislation or an instrument having statutory under-pinning is involved - Such instruments are amenable to administrative construction and susceptible to a broader spectrum of discretion than relatively inflexible commands of a legislative instruments - It would have been in fitness of things respondent ought to have in plenitude of its administrative discretion taken a holistic view of service antecedents of petitioner s mother administrative orders including that of Block development Officer and other orders regularizing services of petitioner mother and exercised discretion to grant regularization and to direct release of pensioner benefits - Writ petition is disposed of
( 1 ) THE petitioner is the son of one Shaik masthan Bi who died on 27-5-1998. Shaik masthan Bi was appointed as Conductress in P. S. Elementary School. Gundlapalli, nakarikallu Mandal, Guntur District on 12-7-1974 and continued in service till her superannuation i. e. , till 30-6-1994, on reaching the age of 60 years. The 5th respondent herein submitted pension proposals to the Director of Local Fund, hyderabad-3rd respondent for certifying her pensionery benefits, on 8-5-1995. The 3rd respondent returned the proposals along with Service Registers to the 5th respondent by the letter dt. 21-8-1995 stating that as per g. O. Ms. No. 708 (Education) Department dt. 28-5-1983 only those conductresses/ conductors whose appointment was prior to 18-1-1974 are eligible for pension and that the petitioner s mother was not eligible, as she was appointed on 12-7-1974, in the absence of any specific orders of the government. The petitioner urges that his mother s services were converted into last grade service with effect from 1-4-1981 as per the provisions of G. O. Ms. No. 156 (Finance and Planning) Department dated 20-4-1983. The order clearly directs that preabsorption service of full time contingent employees who were absorbed in government service against the posts of full time contingent employees converted into last grade service (like the case of petitioner s mother), be counted for the purpose of pension in combination with the subsequent regular service.
( 2 ) THEREAFTER, the 6th respondent by his letter dt. 5-10-1995 re-submitted proposals for pension to the petitioner s mother to the 1st respondent through the 2nd respondent recommending that the petitioner s mother is entitled to the benefits under G. O. Ms. No. 156 dt. 20-4-1983. By another letter dated 12-12-1995, the 5th respondent is stated to have sent up a detailed letter to the 1st respondent routed through the 2nd respondent, forwarding the service registers of the petitioner s mother, requesting consideration of her case and for issuance of ratification orders for grant of pensionery benefits to the petitioner s mother with effect from 1-7-1994 duly taking into account the contingent service put in by her from 12-7-1974 to 31-3-1994 (sic. 31-3-1981) in combination with the subsequent regular service put up by her from 1-4-1981 to 30-6-1994 as per the order in G. O. Ms. No. 156 dt. 20-4-1983, as a special case.
( 3 ) DURING her lifetime, the petitioner s mother pursued her claim for pension but her case was floundering in the labyrinths of the Secretariat and other offices. Eventually, she left her earthly abode on 27-5-1998. After his mother s death, the petitioner continued to pursue his mother s entitlement to pension. According to the petitioner, some times he was informed that there were no funds with the District Parishad Gratuity fund Office and at other times, that the papers are under process.
( 4 ) BY proceedings dt. 23-3-1999, the 4th respondent ordered grant of pension and other benefits to the petitioner s mother granting retirement pension at the rate of rs. 598/- p. m. and Rs. 20,068. 00 towards gratuity and directing these amounts to be paid to the petitioner as the sole legal heir. Thereafter, in another proceeding dated 12-4-1999 addressed by the 4th respondent to the 5th respondent a copy of which was marked to the petitioner, it was stated that as some file relating to the appointment of the petitioner s mother is pending disposal with the 2nd respondent and without noticing the said fact, the 4th respondent had passed orders dt. 23-9-1999 sanctioning pension and other benefits to the petitioner s mother, the earlier benefits granted in the 4th respondent s proceeding dt. 23-9-1999 are cancelled. Having lost even the flickering hope of getting his mother s pension during his lifetime, the petitioner is before this court seeking appropriate relief.
( 5 ) ONE of the grounds urged by the 1st respondent to resist this writ petition is r
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