Point of Law : Pension and gratuity are not bounty but property within the meaning of Article 300-A of Constitution of India.

ORDER :

Heard Sri S. Jagadish, the learned counsel for the petitioner and the learned Government Pleader for Services I.

2. This writ petition is filed to issue Writ, order or direction more in the nature of Mandamus declaring the action of the 1st respondent in not considering the claim of the petitioner for sanction of pension and pensionary benefits and returning the pension proposals of the petitioner vide proceedings Lr.D.A.O.S.A.No.523/A1/2015-16, dated 13.01.2016 of the 1st respondent as illegal, arbitrary and contrary to law and consequently direct the respondents to process the pension proposals of the petitioner and issue the pension payment order sanctioning the pension and pensionary benefits duly computing the service from the date of appointment i.e. 22.06.1994 for the purpose of sanction of pension by holding the petitioner falls under old pension scheme.

3. The case of the petitioners, in brief, is as follows :

(a) The petitioner retired from service on attaining the age of superannuation on 30.09.2015 as Office Subordinate. The petitioner was initially appointed as full time attender-cum-chowkadar, vide proceeding dated 22.06.1994 of the District Collector and Chairman, District Bala Kendra, Khamma. The petitioner while working in Bala Kendra, the Government issued G.O.Ms.No.173, dated 17.12.2004 upgrading the Bala Kendras of Nellore and Khammam District as Bala Bhavans.

(b) The salaries of the employees of Bala Bhavan Kendrams were being paid against A/c No.310/311 despite they are regular Government Employees. Taking into consideration the nature of services, the Director and Special Officer, Jawahar Bal Bhavans submitted proposals stating that the staff working in the District Bal Bhavans are regular Government Employees and the salaries are required to be paid through the account under the Head 010 – Salaries. Basing on the said proposal and request made by the employees of Bal Bhavan, the Government issued G.O.Ms.No.18, dated 01.03.2007 for payment of salaries from detailed Head 010- salaries.

(c) After retirement the petitioner submitted pension papers. The 1st respondent without taking into consideration the factual and legal aspects, returned the pension papers assigning a reason that the employees appointed on or after 01.09.2004 in the scale post are not entitled for authorization of pension as per G.O.Ms.No.655, dated 22.09.2004, which was not applicable to the petitioner.

(d) One K. Eswara Rao, who was working as Vocal Instructor and was appointed in the year 1986 on similar lines like petitioner was sanctioned with pension vide proceedings dated 07.07.2014 without raising any dispute. Therefore, the petitioner is also entitled for the relief as prayed for.

4. The counter filed by the respondents, in brief, is as follows :

(a) The petitioner, Office Subordinate was appointed as Attender cum Chowkidar on 07.07.1994 in the contingent post and he was continued in the post up to 17.12.2004 and his services were regularized in the time scale of Rs.2550-4550 and pay has been fixed for Rs.2550/- vide proceedings of the District Collector, Khammam dated 17.10.2005 and entry made in the service register at page No.7. According to G.O.Ms.No.655, dated 22.09.2004, those who are appointed on or after 01.09.2004 in the said post, are not entitled for authorization of any pensionary benefits. Therefore, the writ petition is liable to be dismissed.

PERUSED THE RECORD :

5. The order of the appointment of Petitioner as Attender-cum-Chowkidar (Full Time) dt. 22.06.1994 issued by the 3rd Respondent is as under :

Sri K. Muthalah, S/o. Pitchaiah, Nizampeta, Khammam is appointed as full time Attender-cum-Chowkidar, Dist. Bala Kendra Khammam on consolidated pay of Rs.400/- per month. He has to attend the duties of Attender from 4.30 p.m. to 6.00 pm and Chowkidar at night.

The incumbent is hereby informed that this appointment is purely temporary and liable for termination at any time without any notice or without assigning any reason