Point of Law:Service Law – Pension - In the absence of any exercise being done to ascertain clear vacancies, the delay on the part of the authorities cannot put the petitioners therein to prejudice

JUDGMENT :

C. PRAVEEN KUMAR, J.

1. Assailing the order of the learned Single Judge, dated 22.10.2019, passed in Writ Petition No.12172 of 2019, the present Writ Appeal came to be filed by the State of Andhra Pradesh, represented by its Secretary, Social Welfare Department, under Clause 15 of Letters Patent.

2. The facts, which led to filing of the present Writ Appeal, are as under :

The respondent-petitioner filed the above mentioned writ seeking issuance of writ of Mandamusto declare that the petitioner is entitled to get pension and pensionary benefits, in pursuance of G.O.Ms.No.212, dated 22.04.1994 and also as per the observations made by the Apex Court in B.Srinivasulu Vs. Nellore Municipal Corporation(Civil Appeal No.6318 of 2015, dated 17.08.2015).

3. The averments in the affidavit filed in support of the writ petition show that the husband of the petitioner was appointed as Hindi Pandit on temporary basis in Social Welfare Residential School for boys at A.Konduru for a period of 89 days i.e., from 02.11.1987 to 29.01.1988, which was extended from 01.02.1988 to 23.04.1988. While things stood thus, a writ petition came to be filed by the husband of the petitioner and others seeking regularization of their services in the existing vacancies by fixing appropriate pay scale with all consequential benefits. By an order dated 09-03-1989 in W.P.M.P. No.4398 of 1989, the Hon’ble High Court directed the respondents therein to continue the petitioners in service. Pursuant thereto, the husband of the petitioner continued in service. At that point of time, the Government issued G.O.Ms.No.212, Finance and Planning Department, dated 22.04.1994, wherein the Government decided that services of such persons who worked continuously for a minimum period of five years and are continuing as on 25.11.1993, be regularized subject to fulfilment of certain terms and conditions. It is stated that the services of the husband of the petitioner were regularized pursuant to the said G.O. The averments in the affidavit show that though service of the husband of the petitioner was regularized, as he fulfilled the conditions stipulated in G.O.Ms.No.124, Social Welfare (K) Department, dated 27.11.1995, but he is not given the benefits in terms of G.O.Ms.No.212, dated 22.04.1994. In other words, the plea of the petitioner is that she is getting a pension of Rs.10,764/-, though entitled to an amount of Rs.28,875/-. The averments in the affidavit further show that on coming to know about the judgment of the Hon’ble Supreme Court in B.Srinivasulu’s case (supra) wherein the benefit of G.O.Ms.No.212, dated 22.04.1994, was extended to persons similarly situated, the present writ petition came to be filed in the year 2019. By an order date 22nd October, 2019 in Writ Petition No.12172 of 2019 the learned Single Judge of this Court disposed of the Writ Petition directing the 2nd respondent therein to extend the benefit of the ratio laid down in B.Srinivasulu’s case (supra) to the petitioner, by reckoning his service from the date of completion of five years in service, on or before 25.11.1993, for the purpose of pension and pensionary benefits. Challenging the order passed, the present Writ Appeal came to be filed.

4. Sri Bheema Rao, learned Government Pleader for Services-III, mainly submits that the services of the deceased employee were regularised with effect from 27.11.1995 and thereafter he died on 17.06.2001. About 18 years thereafter his wife approached this Court seeking benefits with retrospective effect. He relied upon a judgment of the Hon’ble Supreme Court in Union of India and others Vs. Chaman Rana, 2018 (5) SCC 798 in support of his case. He further submits that the relief claimed, namely, retrospective regularisation on completion of five years of service is violative of executive Instruction No.IV, Rule 14 of A.P. Revised Pension Rules, 1980. He further submits that in the absence of any clear vacancy being available as on the date of completion of fi