2021 Supreme(Telangana) 328
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SATISH CHANDRA SHARMA, A.RAJASHEKER REDDY, JJ.
Dr. Eturi Padmavathi. W/n Late Devarakonda Satyanarayana – Appellant
Versus
State of Telangana – Respondent
Writ Appeal No.490 of 2019
Decided on : 24-11-2021
Headnote:
Employment and Service matter - Serving in a College - Age of superannuation - pay scales - Appellant was serving in a College receiving grant-in-aid. She was transferred from Vasavi Niketan Junior College to Kasturba Gandhi Junior College for Women, again a College receiving grant-in-aid and she finally attained age of superannuation - Appellant was not paid terminal dues and therefore, initially writ petition was preferred challenging non-payment of salary and thereafter, as during the pendency of the writ petition, appellant attained age of superannuation, the writ petition was amended and a prayer was made for grant of pension and revised pay scales as revised from time to time – Held, appellant shall be entitled for interest at rate of 8.5% per annum from date of entitlement till the amount is actually paid to the appellant - It is needless to mention that in case order passed by this Court is not complied with within three months, interest shall be paid at rate of 12.5% per annum - Amount of interest shall be paid initially by State Government and State Government shall conduct a fact finding enquiry in matter for fixing responsibility upon Officers who have delayed payment of pension to appellant and after conducting fact finding enquiry and after following due process of law, interest component shall be recovered from Officers who are held responsible in the matter - Enquiry be concluded within a period of six months from date of receipt of a copy of this order - Writ appeal is accordingly disposed of.
JUDGMENT :
SATISH CHANDRA SHARMA, J.
1. The present appeal is arising out of the order dated 05.10.2018 in W.P.No.16884 of 2007 by which the learned Single Judge has directed payment of pension and the other terminal dues to the appellant/writ petitioner.
2. The undisputed facts of the case reveal that the appellant was serving in a College receiving grant-in-aid. She was transferred from Vasavi Niketan Junior College to Kasturba Gandhi Junior College for Women, again a College receiving grant-in-aid and she finally attained the age of superannuation on 31.10.2008. The appellant was not paid terminal dues and therefore, initially the writ petition was preferred challenging non-payment of salary and thereafter, as during the pendency of the writ petition, the appellant attained the age of superannuation, the writ petition was amended and a prayer was made for grant of pension and revised pay scales as revised from time to time. The order passed by the learned Single Judge reads as under:-
“This writ petition is filed seeking the following relief:
“to issue any writ, order or direction particularly one in the nature of writ of Mandamus direct all the respondents herein to pay the entire arrears of salary by duly releasing the increments and by applying the revised pay scales together with interest @18% per annum and pass such other order or orders as this Honourable Court deems fit and proper in the circumstances of the case.”
During the pendency of the writ petition, the petitioner has sought amendment of the prayer to the following effect:
“ .. to permit the petitioner to amend the prayer by adding “by implementing the proceedings No.Rc.No.566/A3/2009, dt.28.05.2011 of the 2nd respondent and to pay all the retirement benefits including pension”, after the words ‘Revised Pay Scales” and before the words” together with interest” and pass such other order or orders may deem fit and proper in the circumstances of the case.”
Heard Sri P.B.Vijaya Kumar, learned counsel for the petitioner, Sri S.Bharat Kumar, learned counsel for the 4th respondent college and the learned Government Pleader for Education.
It is submitted by the petitioner that she was appointed as Junior Lecturer in Telugu in the 4th respondent college on 3.10.1981 and her appointment was also approved by the competent authority. While she was working in the said college, the post held by the petitioner was admitted into grant in aid vide G.O.Ms.No.170 dated 12.7.1990 with effect from 16.4.1990 and ever since, she has been discharging her duties without any complaints. It is further submitted by the petitioner that while she was working as Lecturer, the State Government vide G.O.Ms.No.453 dated 31.7.1996 appointed her as a member of the District Consumer Forum on honorarium of Rs.2000/- . The petitioner had worked there only for two months and resigned the said post and thereafter, joined the post of Junior Lecturer. A show-cause notice was issued to the petitioner on 9.9.1996 stating that she was absent from duty and performing two full time jobs. The petitioner submitted explanation to the said show cause notice. The 4th respondent vide proceedings dated 27.8.1997 imposed a punishment of stoppage of one increment with cumulative effect. Challenging the same, the petitioner filed an appeal before the 2nd respondent-Regional Joint Director of Higher Education, Warangal, and the 2nd respondent had passed orders on 23.3.1998 setting aside the punishment imposed by the 4th respondent and directed to treat the absence period of two months as leave. In spite of the same, the 4th respondent had not regularized the services of the petitioner for the period she was out of employment for two months.
Learned counsel for the petitioner had contended that since the 4th respondent college had not complied with the orders of the 2nd respondent, the post of Junior Lecturer held by the petitioner was transferred from 4th respondent college to the 5th respondent college and the petitioner has b