JUDGMENT :

1. Heard Sri M.Dielhi Babu, learned counsel representing B.Veera Swamy Raju, learned counsel for the petitioner and Sri K.V.Raghuveer, learned Government Pleader for Education representing the respondent Nos.1 to 3. There is no representation from the side of the respondent Nos.4 and 5.

2. This writ petition under Article 226 of the Constitution of India has been filed with the prayer to issue Writ of Mandamus directing the respondents to treat the petitioner’s resignation as voluntary retirement and consequentially fix his pension and all other benefits attached to the post of ‘Reader’ and to pay the same to the petitioner.

3. The petitioner was appointed as Lecturer in Zoology on 10.10.1984 in S.V.K.P. & Dr. K.S.Raju Arts and Science College (in short ‘the college’). The college was admitted into grant in aid from 03.12.1986. Later on, the petitioner was promoted as a ‘Reader’ in Zoology from 01.01.1996. The petitioner on 02.02.2008 submitted resignation, which was accepted by the college management on 15.02.2008 and the petitioner was relieved with effect from 02.02.2008.

4. In response to the petitioner’s application dated 14.01.2011 under Right to Information Act, 2005 (for short “the Act”), he was informed vide proceedings dated 10.06.2011 (Ex.P7) that resignation from a service or post entails forfeiture of past service and therefore his request for sanction of pensionary benefits was not feasible of compliance.

5. On 05.09.2013, the petitioner submitted representation dated 05.09.2013 to the 4th respondent requesting to make payment of his arrears since 2006 onwards until his resignation i.e. upto 02.02.2008, which was followed by other representations including the one dated 27.08.2013.

6. Later on, by representation dated 16.07.2013, Ex.P3, the petitioner requested respondent No.4 to convert his resignation into voluntary retirement with effect from 02.02.2008, so that he may get the pensionary benefits.

7. Sri M.Dielhi Babu, the learned counsel for the petitioner submits that the petitioner rendered almost 22 years of service and was eligible for grant of pension on such period of service. Pension is not bounty but property under Article 300-A of the Constitution of India of which there could be no deprivation and to enable the petitioner to get the pensionary benefits, his resignation deserves be converted into voluntary retirement. He has placed reliance in the case of State of Jharkhand and others vs. Jitendra Kumar Srivastava and another(2013) 12 SCC 210.

8. Learned counsel for the petitioner next submits that the acceptance of the resignation by the management of the college was improper, as in the official meeting, dated 15.02.2008, the Vice President of the college management signed the ‘minutes’ in place of President without any authorization and sufficient number of members of the management had not signed.

9. Sri K.V.Raghuveer, learned Government Pleader submits that the petitioner voluntarily submitted resignation on 02.02.2008, which was accepted by the management of the college, the competent authority on 15.02.2008. After more than five (05) years of the acceptance, the petitioner submitted the application to convert the ‘resignation’ into voluntary retirement but there is no provision under the rules for such conversion. He submits that the resignation entails forfeiture of the past services for pensionary benefits under the Rule 26 of the Andhra Pradesh Revised Pension Rules, 1980, (in short the Pension Rules 1980) except in those cases, where it is tendered, to take up another employment permanent or temporary under the Government with proper permission, which is not the petitioner’s case.

10. I have considered the submissions advanced by the learned counsels for the parties and perused the material on record.

11. The point for consideration is as follows:-

“whether the petitioner’s resignation after its acceptance can to be legally allowed to be converted into voluntary retirement?”

12. Undisputedly