JUDGMENT :

Heard the Learned Counsel for the Petitioner and learned Government Pleader for Municipal Administration, Government Pleader for Services I and learned standing counsel for HMA.

2. The petitioner filed this writ petition to issue a Writ of Mandamus declaring the impugned letter No.7202/Estt./HMDA/2004 dated 23.03.2017 issued by the 1st Respondent as null and void and direct the Respondents to count the Petitioner’s service from the date of initial appointment on NMR basis from the date of first appointment i.e 05.08.1985 for granting full pension and all other retiremental benefits and holding the action of Respondents action in not doing the same as illegal, discriminatory and subversive of Articles 14 and 16 of Indian Constitution.

1. The case of the petitioner, in brief, is as follows:

a) The Petitioner was appointed on NMR basis from 05.08.1985. The services of the Petitioner was regularized through G.O.Ms.No.638, dated 21.11.1992 as the Petitioner completed more than (5) years of service on NMR basis by 31.12.1991. Eventually, through proceedings dated 31.12.1992 the then secretary posted the Petitioner as Technical Assistant Grade-2 as the Petitioner passed LCE in the 1st Respondent corporation.

b) According to the Petitioner’s seniority, through proceedings dated 16-08-2000 issued by the Respondents, Petitioner was posted as in-charge Assistant Engineer and was further promoted as Assistant Engineer on regular basis in the regular time scale of pay by the 1st Respondent through the proceedings dated 23-03-2004. The Petitioner rendered (7) years (3) months service on NMR basis and has discharged duties on regular basis till the date of regularization though he was appointed on NMR basis from 5-8-1985.

c) According to Section (8) of Staff Retirement and Services Regulation Act-1979, seniority should be counted from the date of first appointment. As per Rule (13) of AP Revised Pension Rules-1980, qualifying service of a Government Servant commences from the date of first appointment to the post appointed to him either substantively or in an officiating or temporary/NMR basis. The Petitioner has retired from service as Assistant Engineer by 31-07-2014 on attaining the age of superannuation through the proceedings dated 08-07-2014 issued by the 1st Respondent.

d) According to the pension rules, the total Petitioner's service rendered on NMR basis from 5-8-1985 is of (29) years and is eligible for additional (5) years for the purpose of (33) years to claim Full pension and other benefits.

e) As per the law laid down by the Full Bench of High Court in WP NO. 25260/2002 dated 18-09-2015, the Petitioner’s service rendered as NMR is entitled to be counted as qualifying service for the payment of full service.

f) The Petitioner made a detailed representation dated 16.07.2014 and 14.12.2016 requesting the Respondents to consider service rendered from 05-08-1985 for granting full pension and all other retiremental benefits and also issued legal notice dated 08.03.2017 to Respondents to count service rendered on NMR basis from 05.08.1985 for all pensionary benefits. Subsequently, 1st Respondent issued proceedings dated 23.03.2017 rejecting the Petitioner’s claim.

4. The Counter Affidavit filed on behalf of the 1st Respondent is as follows:

a) The then Government of AP issued G.O.Ms. No.638 MA and UD dated 21.11.1992 permitting the then Hyderabad Urban Development Authority (HUDA) to regularize the services of those who were fully qualified for the posts and consequentially through proceedings dated 31.12.1992 regularize the services of petitioner along with other (17) in post of Technical Assistant Grade-2 w.e.f 21.11.1992 on temporary basis. The Petitioner’s services were regularized as surveyor w.e.f 21.11.1992.

b) The seniority and counting of service would be commenced from the date on which an employee is appointed to the substantial post. The petitioner at no point of time during the tenure of employment raised that the services