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2021 Supreme(AP) 863

JOYMALYA BAGCHI, AKULA VENKATA SESHA SAI
G. Madamma – Appellant
Versus
Commissioner – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Poodattu Amarender.
For the Respondent: S.D. Gowd.

ORDER :

1. Issue which falls for consideration is whether the widow of a deceased employee, who worked as an NMR in Kurnool Municipal Corporation since 1996 was entitled to pension in terms of the Andhra Pradesh Revised Pension Rules, 1980 (hereinafter referred to as ‘the 1980 Rules’).

2. Relevant facts giving rise to the aforesaid issue are as follows:

    One G. Ramanjaneyulu, deceased employee, was appointed as a daily wage worker/NMR in Kurnool Municipal Corporation on 01.08.1988. He was given minimum grade time scale of pay and annual increments upon pay revision on and from 01.07.1996. On 12.06.2008, his services were regularised prospectively. In the meantime, vide G.O.Ms. No. 653, dated 22.09.2004, the Government announced a new Contributory Pension Scheme which was made applicable to all employees, who are appointed on or after 01.09.2004. It was clarified that the scheme will not be applicable to existing/serving employees. The employee expired in 2012 and the petitioner, who is widow, made an application for release of family pension, gratuity and other death benefits as per the 1980 Rules by treating the qualifying service of the employee from 1996. The claim of the widow was

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