Pension entitlement for the period of actual service is a valid claim, and delay in the claim does not affect the rights of third parties.

ORDER :

D.V.S.S. Somayajulu, J.

1. This writ petition is filed questioning the order dated 12.07.2018 in O.A.No.3670 of 2016 passed by the Administrative Tribunal.

2. Learned Government Pleader for Services-III argued the matter for the State, while the respondent was represented by Sri K.Ram Mohan, learned senior counsel, who was instructed by Sri Vijaya Saradhi.

3. Learned Government Pleader points out that the facts in the case are not really in dispute in so far as the period of service etc., are concerned. The respondent was appointed as a Secondary Grade Teacher in September 1958. He worked like that till 31.03.1969. Thereafter he never reported for duty.

4. Learned Government Pleader submits that in view of his date of birth, the respondent was deemed to be retired on 31.05.1999. It is pointed out that for a period of 30 years i.e. from 01.04.1969 till 31.05.1999, the petitioner never reported for duty, did not apply for leave etc., and it is submitted that as per G.O.Ms.No.260 General Administration (SER.C) Department dated 04.09.2003, if an employee is on unauthorized leave for a period of one year, the penalty of removal of service is to be imposed. It is also submitted that no Government servant would be entitled to leave beyond five (5) years and willful absence from duty not covered by any leave would be treated as ‘dies-non’ for all purposes. The respondent after about 30 years of deemed retirement, submitted a letter dated 21.06.2012 seeking for pensionary benefits etc. The same was rejected by a memo dated 14.07.2015. It is submitted that the same was challenged by filing O.A.No.3670 of 2016, which was allowed overlooking these fundamental aspects. It is submitted that the respondent’s continuous absence resulted in deemed removal. The leave beyond five (5) years is also not permissible and the period shall be treated as ‘dies-non’ for all purposes. The respondent had also absconded for duties and never sought any relief within time. It is also submitted that as per the decision in Civil Appeal.No.2763 of 2018, if such belated claims are entertained, there would be administrative chaos. Therefore, it is submitted that the writ petition should be allowed, setting aside the order in O.A.No.3670 of 2016.

5. In reply, it is pointed out that the petitioners are raising the wrong issues. It is submitted that the core issue raised in this case is about the eligibility of the respondent towards pension for the actual period of service and not for the period on which he was on leave. It is pointed out that the petitioner had completed 10 years 7 months of service. Therefore, his claim is for the pension for the service rendered.

6. Learned senior counsel points out that even if the respondent is deemed to have been terminated from service or if the rule says that it should be treated as ‘dies-non’ etc., but for period he had actually rendered service, he is entitled to pension. Learned senior counsel points out that even on the issue of delay, if the claim is genuine, the right cannot be denied to the respondent. It is pointed out that by granting pension for the actual period of service, there will not be any chaos since the claim relates to the individual period of service rendered and will not in any way effect third parties. It is pointed out that the Tribunal had considered the correct case law in paras 11 and 14 before coming to the conclusions. Therefore, it is submitted that the claim should be dismissed.

7. Court: This Court notices that there is no dispute essentially about the facts. The respondent rendered service for a period of 10 years 7 months from 01.09.1958 to 31.03.1969 i.e. he was in service for 10 years 7 months. Thereafter, from 01.04.1969, he did not report for duty and was absconding. By virtue of his date of birth, his date of superannuation is 31.05.1999. As per part B of Rule 45 of the A.P.Revised Pension Rules, a minimum service of six monthly periods of 20 units is to be considered for grant of pens