Validity of voluntary retirement and entitlement to pension benefits under A.P. Revised Pension Rules, 1980.

ORDER:

Heard learned counsel for the petitioner and learned Government Pleader for Services-I.

2. This writ petition is filed to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus by declaring the action of the 5th respondent in rejecting the pension proposals of the petitioner vide Proceedings No.P10/1/V/1360/SP851/2012-11/271554, dated 24.10.2018 while citing Rule 43(1) of A.P. Revised Pension Rules, 1980 as highly illegal, arbitrary exercise of power and violation of Article 14 and 21 of the Constitution o India and to set aside the same and consequently direct the respondent to release then pension and other retirement benefits for which the petitioner is entitled under Rule 45(2) and retiring gratuity under Rule 46(1)(b)(b) of A.P. Revised Pension Rules, 1980 with all consequential benefits along with 18% interest per annum.

3. PERUSED THE RECORD :

4. The three Orders impugned in the present Writ Petition read as under :

I.

P10/1/V/1360/SP 851/2012-II/60319 Date :

09.01.2013

To

The Gazetted Head Master,

ZPPSS Muppanapally,

Warangal District, A.P.

Sir,

Sub:-Return of pension proposals of Sri P. Venkata Ramana, S.A. – English, ZPPSS, Muppanapally – Reg.

Ref:-Letter No.39/Pen/2012 dated 16.1..2012. ****

The pension proposals received in the reference cited are returned herewith as the Government Servant is not eligible for Voluntary Retirement. He has to complete 26 years Qualifying Service for Voluntary Retirement. As per Rule 43(1) of RPRs EOL shall not be reckoned as qualifying service for the purpose of arriving at the qualifying service of twenty years for pension. Encl : Pension Proposals & Service Book.

Yours faithfully,

Sd/-

Accounts Officer

II.

OFFICE OF THE PRINICPAL ACCOUNTANT GENERAL (A&E) Telangana, Hyderabad – 500 004.

P10/1/V1360/SP851/2012-II/258996, Date : 12.06.2018

To

The Gazetted Head Master,

ZPPSS Muppanapally,

Warangal District, A.P.

Sir,

Sub:- Pension – Release of Pensionary benefits in f/o Sri P.Venkat Ramana, Retd. School Asst. – Reg. Ref:- 1. This Office Letter No. P10/1/V/1360/SP 851/2012-II/60319 Dt. 9.1.13.

2. Your office letter No. 32/Pen/20, dt. 5.3.18.

****

In continuation of this officer letter 1st cited, it is to inform that the service put in by the Government servant excluding EOL period is less than 20 years. He has to complete 20 years of qualifying service for voluntary retirement. Hence he is not eligible for voluntary retirement. The proposals and service book are returned herewith. The receipt of the same may be acknowledge. Encl : PPS & Service Book.

Yours faithfully,

Sd/-

Sr. Accounts Officer

III.

OFFICE OF THE PRINCIPAL ACCOUNTANT GENERAL (A&E) Telangana, Hyderabad -500 004

P15/P10/L/V1360/SP851/2012-11/27155, Date: 24-10-2018

To

The District Educational Officer,

Warangal District.

Sir

Sub: Pension- Permission to retire on voluntary basis in respect of Sri Venkata Ramana retired School Assistant Reg.

Ref:-1.Your Lr.No. 39/Pen/2012 dated 16-11-2012. 2.This Office Lr.No. P10/1/V.1360/SP 851/2012-11/60319 dt.9-1-2013. 3.Your Lr.No. 32/Pen/20 dt.5-3-2018. 4.This Office Lr.No.P10/1/V.1360/SP 851/2012-

11/258996- 258997, Dt. 15.6.2018.

5. Your letter No. 49/2018 dt. 7-7-2018. ****

Pension proposals forwarded vide reference 4th cited for sanction of pensionary benefits in respect of Sri P. Venkata Ramana retired School Assistant who retired voluntarily on 12-7-2011 are retired herewith. This office vide Lr.No. P10/1/V.1360/SP 851/2012-11/258996, dated 15.6.2018 has already sated that the Govt. Servant was not eligible for voluntary retirement as the service put in by the Government Servant excluding the EOL period is less than 20 years.

As per rule 43 (1) of APRS 1980 a Govt. Servant should have put in not less than 20 (twenty) years of qualifying service. As per your proposals dt.7.7.2018 he has completed a qualifying service of 16 years 3 months and 9 days which is contrary to Rule permitt