The transferred employees were entitled to pension on par with TTD employees based on the specific assurances given by APSRTC and the government order extending pensionary benefits to TTD workers.

ORDER :

1. This review petition is filed under Section 114 of Civil Procedure Code by the respondents in writ petition No.6045 of 2013 to review the order dated 24.11.2016 passed by the High Court of Judicature at Hyderabad in W.P.No.6045 of 2013, which was decided along with other W.P.Nos.8315, 8534, 8538 and 39284 of 2014 and 4561 of 2015 by a common order. Against the common order passed in W.P.No.6045 of 2013 and batch, respondents therein preferred W.A.No.1144 of 2017 and batch, which were closed granting liberty to the respondents to file review applications before the learned single Judge.

2. The petitioner was formerly employed as Store Keeper in the Transport Wing of Tirumala Tirupathi Devasthanams (for short "TTD"). This Transport Wing of the TTD was taken over by the Andhra Pradesh State Road Transport Corporation (for short "APSRTC") with effect from 10.08.1975 and the services of the petitioner were placed at the disposal of APSRTC. At that time, there was an agreement dated 08.08.1975 between the APSRTC and the TTD with regard to transfer of the TTD Transport Department to the APSRTC. Clause 14 of the said agreement is relevant and the same is referred to as under :

14. In respect of the retirement benefits of the employees of the Devasthanam absorbed by the RTC the following arrangement is agreed to:-

(a) In case of Provident Fund, the amount outstanding to the credit of the transferred employees will be made over to the APSRTC by the Devasthanam.

(b) The liability on account of Gratuity payable to the retiring employee will be proportionately born by the Devasthanam for the period of service rendered to them.”

3. Thereafter, there were discussions held by the Director of Personnel of the APSRTC and the representative of the TTD Transport Workers' Union, of which petitioners were members, regarding the service conditions of persons like the petitioner whose services were transferred from the Transport Wing of the TTD to the APSRTC. Clause 14 of the record of discussions dated 24/25.5.1977 between the parties, which is relevant is extracted hereunder :

“14. Promotions to the transferred employees:-

The issue has been covered under minute No.6. The same conditions shall apply to those who were given promotions in TT Units. The DOP informed that there is no bar for any of the transferred employees to aspire for promotion if they accept to come under APSRTC Regulations. Such promotions will be given subject to the vacancies existed on the date of exercising option. The DOP further informed that the Corporation will guarantee retirement benefits admissible under TTD Service Rules to such of the employees who opt to the governed by the APSRTC Regulations and such employees will not be deprived of the retirement benefits of pension.”

4. The employees of the TTD were getting the benefit of the Andhra Pradesh Liberalized Pension Rules, 1961 (for short "the 1961 Rules"). But Transport and Canteen workers, who were originally employed in TTD and whose services were transferred to the APSRTC were not having any pension rules as such they raised a question about their entitlement to pension under the 1961 Rules.

5. The State Government issued G.O.Ms.No.1037 Revenue- Endowments-III Department dated 13.08.1979 stating that as per the agreement dated 08.08.1975 between the TTD and the APSRTC at the time of handing over the Transport Wing of the TTD to the APSRTC, all benefits to which the TTD staff were entitled to prior to transfer of this Wing to the APSRTC will have to be continued by the APSRTC. Government stated that the benefits under the Liberalized Pension Scheme will have to be extended to this category also along with residuary employees of the Transport Wing with TTD and consequently the TTD would have to make proportionate pensionary contribution to the APSRTC in respect of those employees transferred to it. It further stated that all TTD Transport Workers would be extended the pensionary benefits under the 1961 Rules and the