IMPORTANT POINT
Gratuity is payable under the Payment of Gratuity Act irrespective of whether the post is sanctioned, emphasizing the importance of continuous service.

ORDER :

Nagesh Bheemapaka, J.

This writ petition is filed seeking the following relief:-

“to pass a Writ of Mandamus or any other appropriate Writ or direction declaring the inaction of the respondents in not paying pension and pensionary benefits to the Petitioner as illegal, arbitrary and unjustified and direct the respondents to pay Gratuity in accordance with payment of Gratuity Act, 1972 and further direct the respondents to release the gratuity along with interest at the rate 12 % per annum.”

2. Heard learned counsel for the petitioner and learned counsel for the respondents.

3. The brief facts of the case are that the petitioner was appointed on 17.10.1989 as T.G.T. Bio-science Teacher on ad-hoc basis in the erstwhile Andhra Pradesh Residential Schools and rendered 23½ years of service in the said institution. For regularization of service, petitioner along with similarly-situated employees filed Writ Petition No.15297 of 1993 wherein this Court passed interim order dated 01.07.1994 to continue them in service. Respondent No.1 issued proceedings dated 17.06.1995 regularizing the service of petitioner along with others. Further W.P.MP.No.3794 of 1997 in Writ Petition No.15297 of 1993 was filed to pay the increments and all consequential benefits attached to the scale and the same was allowed by interim order dated 28.04.1997. Implementing the said interim order, respondents issued proceedings to that extent. Thereafter, petitioner retired from service on attaining the age of superannuation on 25.05.2003, however, he was not paid pension or pensionary benefits and also pay revision. Hence, the present Writ Petition.

4. The 2nd respondent filed counter affidavit denying the averments made in the petition and contended that petitioner and others were allowed the benefits of the increments and consequential benefits attached to the scale without their regularization. This Court while disposing of the writ petition No.15297 of 1993, dated 26.10.1998 directed the respondents to consider the case of the petitioner and others for regularization as per G.O.Ms.No.212, dated 22.04.1994 in the light of the judgment of the Hon’ble Supreme Court. Later review W.P.M.P.No.27164 of 2000 was filed. Since, the respondents have not complied with the order dated 26.10.1998 in W.P.M.P.No.3794 of 1997 in W.P.No.15297 of 1993 filed contempt case and the same was dismissed on 29.11.2004. Accordingly, proposals were submitted to Government for regularization of their services. Later Government issued orders vide G.O.Ms.No.98, Education (Govt.I) dated 28.08.2000 and permitted to regularize the services of the three petitioners vide proceedings dated 27.01.2001 in the above writ petition, who have fulfilled the conditions laid down in G.O.Ms.No.212, Finance dated 22.04.1994. With regard to other petitioners, the Government in their G.O.Ms.No.99, Education (Prog.I) dated 28.08.2000 issued order stating that they are not having continuous service of five years as on 25.11.1993 and not possible to relax any conditions of the scheme formulated in G.O.Ms.No.212, dated 22.04.1994 which is statutory regulation in view of the amendment to the A.P.Regulation Act 2 of 94, which is amended by Act 3 of 98 and Act 27 of 98 and the same was also upheld by the Hon’ble Supreme Court in Civil Appeal No.3702 of 2006 and batch and rejected the proposal for regularization of 21 individuals including petitioner. He further submits that Government issued G.O.Ms.No.155, Education Department dated 28.11.2008 for extending the benefit of RPS 1999 and 2005 to 21 ad-hoc Teachers working in erstwhile Andhra Pradesh Residential Educational Institutions Society on par with those who are working in Andhra Pradesh Social Welfare Residential Educational Institutions Society and also submits that grant of time scales would not confer any right for regularization of services or otherwise, as the petitioner is not a regular employee and he is not entitled for terminal benefits. Hence, pray